NSG Senate Chamber [NSG Senate]

[The New Sea Territory]

And I currently give away my salary to those who pay me: the people I represent.

Considering I have no need for it. The Gulch trades in gold coins.

Senator, we are all members of the state and to suggest that we should abolish taxation and cease to exist is not a constructive proposal.

I never said cease to exist. You can not separate the state not violating people's rights and existing. The state does not have to exist to violate my rights. My life, liberty and property should be respected as much as yours. The state should make it's own money or be donated to, not go around stealing at gunpoint.

[Ziegenhain]

Senator, we are all members of the state and to suggest that we should abolish taxation and cease to exist is not a constructive proposal.

I never said cease to exist. You can not separate the state not violating people's rights and existing. The state does not have to exist to violate my rights. My life, liberty and property should be respected as much as yours. The state should make it's own money or be donated to, not go around stealing at gunpoint.

Senator, we are part of the State. We are the State. The State is us. The State is all consuming. The State is all knowing. All powerful and all controlling.

DWI that the State is Life.

[Othelos]

Senator, we are all members of the state and to suggest that we should abolish taxation and cease to exist is not a constructive proposal.

I never said cease to exist. You can not separate the state not violating people's rights and existing. The state does not have to exist to violate my rights. My life, liberty and property should be respected as much as yours. The state should make it's own money or be donated to, not go around stealing at gunpoint.

Stop stealing services from the government, then.

[Othelos]

Just noticed something: the tagging for the PLEA is messed up in the OP.

[Aeken]

Just noticed something: the tagging for the PLEA is messed up in the OP.

Let me fix that in a bit...

[Othelos]

Also...

Current vote on the NSA:

For: 30 (83.3%)
Against: 4 (11.1%)
Present: 2 (5.6%)

Total: 36

Voting ends Monday at 12:32 PM EDT.

[Arglorand]

I, Senator Arglorand, vote aye on the National Symbols Act.

[Arglorand]

Sexual Industry Regulation Act

Author: Arglorand

Co-sponsors: Maklohi Vai, Othelos, Greater Pokarnia, Yanalia, Agritum

---

The government of our fair nation,

BELIEVING that a human being has absolute sovereignty and a right to do with their body as they please for as long as such behavior does not intervene with the same right of other individuals;

BASING this conviction on the previously passed Bodily Sovereignty Act, which provides for an individual to "have final authority regarding their reproductive organs, sexual actions and reproduction provided, all indivudal [sic] involved in said act have provided informed consent to said act" and on international treaties and conventions that provide for the individual to be the sovereign of their own body;

HEREBY DECLARES that:
1. Prostitution shall be legalized. It will, for all intents and purposes, be treated as any other business, subject to taxation and regulation.
1a. Exploitation by employers, as in any other business, must be combatted to the best of our ability. Sex workers must be paid a living wage as any other workers, at the very least be paid the minimum wage - assuming they have one and are not employed individually. They must have access to all the rights of any other worker and be able to cancel their contract whenever they so desire.
1b. Our government affirms its committment to ending sex trafficking and slavery, and agrees to ramp up its efforts to rein said crimes in.
1c. Sex workers must have attained the age of 18 and have provided informed consent and agreed to working in such an industry.
2. Pornography shall also be legalized, and will, similarly to prostitution, for all intents and purposes be treated as any other business.
2a. Actors and actresses in pornographic films must have attained the age of 18 and have provided informed consent.
3. Sex workers and adult actors/actresses must take monthly tests to make sure they are not infected with venereal diseases. Under the condition of failing the test, they are no longer permitted to be employed legally within the sex industry.

DEFINITIONS
Prostitution is defined as receiving material payment, usually in the form of money, for performing sexual acts.
Sex workers, alias prostitutes, are defined as individuals working in the prostitution industry.
Pornography is defined as the explicit portrayal of sexual subject matter for the purpose of sexual gratification. It may use a variety of media, including but not limited to: video, film, books, video games, magazines, drawing, painting, etc.

The Senate MAINTAINS strongly that passing this bill is necessary for the development of civil rights in our nation.

I move for this bill to be added to the queue.

[Maklohi Vai]

As per the motions in the Coffee Shop, the Sexual Industry Regulation Act has been added to the queue.

CURRENT QUEUE FOR LEGISLATION

1. Business and Accountability Act
2. National Retirement and Pensions Act
3. National Security Act
4. Senate Limitation Act
5. Limiting Legislation Act
6. The Civil Treatment Act
7. Electricity Production Act
8. Transportation Ministry Provision Act
9. Agricultural Rights Act
10. Modified Healthcare Act
11. National Census Bureau Act
12. Sexual Industry Regulation Act

[Kouralia]

Lrn2NS, Admins.

Code: Select all

[quote="Kouralia";p="14233997"][box][align=center][size=150][b][u]Policing and Law Enforcement Act (2013)[/u][/b][/size][/align]

[b]Urgency:[/b] UTMOST

[b]Drafted by:[/b] Senator [nation]Kouralia[/nation] of the USLP

[b]Co-Sponsors: [/b] [nation]New Freedomstan[/nation] (USLP), [nation]Evraim[/nation] (PC), [nation]Othelos[/nation] (PC), [nation]Zweite Alaje[/nation] (NIFP), [nation]Demphor[/nation] (?), [nation]Geilinor[/nation] (LD), [nation]Ziegenhain[/nation] (LFP)

[hr][/hr]

The government of our nation,

[b]AWARE[/b] that our fair land has no formalised method of dealing with criminals,

[b]UNDERSTANDING[/b] that such a situation is objectively unacceptable,

[b]RECOMMENDING[/b] that the senate hereby moves to form a uniformed, official and publicly accountable Police Force/Police Forces along the following lines.
[hr][/hr]
[b][size=120]A : Formation of Localised Constabularies and Equivalents[/size][/b]
[b]1.0 - The formation of the Regional Marshals and Temporary Policing Coordination bureau[/b]
[blocktext]1.1 - Acknowledging that the creation of a professional and qualified Police Force takes time, [u]we must [b]not[/b] suffer temporary anarchy[/u].
1.2 - In order to overcome this, until such time as a professional organisation can be formed, a system of elected deputies shall exist.  Each geographically-divided region shall be mandated to elect approximately 1% of its populaton to serve part-time as a 'Regional Marshal' [hereafter RM].  Their job shall be to temporarily inter people under the society's interpretation of the laws.  Additionally, a Temporary Policing Coordination Bureau [hereafter TPCB] shall be formed to manage, enlist, dismiss and investigate the RMs.
1.3 - Acknowledging that this leaves the situation open to abuse, an alert of any act committed by an RM shall be transmitted to the TPCB  by the RM him/herself.  The TPCB shall be able to order any RM to cease and desist in any activities.
1.4 - All RM shall be accountable for their actions, which shall be reviewed by the Ministry of Justice [i]([url=http://forum.nationstates.net/viewtopic.php?f=25&t=236177&p=14155733#p14155733]National Security Act[/url])[/i] following the dissolution of the RM and TPCB.  If they are found to be unlawful then a punishment can be thusly applied.
1.5 - Any RM may be formally relieved of their position by the TPCB if a complaint regarding them is found to be truthful and of acceptable severity.
1.6 - The position of RM shall be paid by a wage of *X*, not affected by their productivity but affected by their successful conviction rate with danger pay provided.[/blocktext]
[b]2.0 - The dissolution of the Regional Marshals and Temporary Policing Coordination Bureau[/b]
[blocktext]2.1 - The Dissolution of the RM and TPCB shall occur by the order of a judge of a Court of Law, with each order only being able to be passed when the Officers Commanding of any relevant regional Constabularies agree that they are capable of undertaking the Law Enforcement Duties in that area.
2.2 - Any RM who refuses to surrender any claim to that position when required to do so by the legal authority of the TCPB or a Court of Law will be charged with Impersonating a Police Officer.[/blocktext]
[b]3.0 - Formation of Regional Constabularies[/b]
[blocktext]3.1 - Jurisdictional Districts shall be determined by a Committee of the Ministry of Justice [i]([url=http://forum.nationstates.net/viewtopic.php?f=25&t=236177&p=14155733#p14155733]National Security Act[/url])[/i], and each shall have a Constabulary formed within it.  (e.g. Metropolitan Constabulary).
3.2 - The recruitment of officers into each Constabulary shall be handled by the relevant officials in that Constabulary, with final decisions remaining with that Constabulary.
3.3 - Requirements for recruitment will be determined by each Constabulary, however the following shall be mandated as a minimum:[list][*]Holding a Current Drivers License (Following the creation of a Driver and Vehicle Licensing Agency)[*]Ability to swim[*]No past violent or serious crimes[*]Non-membership of any Party Paramilitary (e.g. the Security Branch of the People's Proletarian Force)[*]Passing of a Standardised Fitness Test, the contents of which are to be determined.[/list][/blocktext]
[b][size=120]B : Accountability of Localised Constabularies and Equivalents[/size][/b]
[b]1.0 - Accountability of Regional Marshals[/b]
[blocktext]1.1 - All RM shall be held accountable to the TPCB, and the TPCB has complete ability to mandate removal of an RM for violation of organisational ethics.
1.2 - The TPCB is accountable to the elected Minister of the Ministry of Justice [i]([url=http://forum.nationstates.net/viewtopic.php?f=25&t=236177&p=14155733#p14155733]National Security Act[/url])[/i], and the request for its dissolvement shall come from him/her alone.[/blocktext]
[b]2.0 - Accountability of Local Constabularies[/b]
[blocktext]2.1 - All local Constabularies will be held accountable to the Independent Police Internal Affairs Agency [hereafter IPIAA].
2.2 - The IPIAA shall be tasked with investigating fully any complaint against the Local Constabularies.
2.3 - The IPIAA shall have the ability to fire any police officer found to have violated the Policing Code of Practice, or provide any other proportionate punishment including recommending they be charged with a criminal activity to be tried in a Court of Law.
2.4 - The IPIAA and Regional Constabularies shall be held accountable to the Ministry of Justice [i]([url=http://forum.nationstates.net/viewtopic.php?f=25&t=236177&p=14155733#p14155733]National Security Act[/url])[/i] and therefore to the elected Minister, and therefore to the Public.  This ensures that neither organisation can continue along a path without the backing of the Public.[/blocktext]
[b][size=120]C : Powers of Local Constabularies[/size][/b]
[b]1.0 - Powers to Arrest or Search a Person[/b]
[blocktext]1.1 - Any sworn in Constable (Constable used hereafter to refer to any sworn in law enforcement officer of a Local Constabulary) can arrest someone formally as a Police Officer as opposed to a Citizen’s Arrest.
1.2 - Upon arresting any person, the Constable must cite which section of the Law they have breached, and have their rights read to them: [i]‘You have the right to remain silent, however anything you do say can and could be taken down and be used in a court of law against you.  beware of failing to mention something now which you later rely on in a Court of Law.  You have the right to Legal Assistance.’[/i]  If this does not occur then the Custody Serjeant may refuse to take Custody of the Arrestee.
1.3 - In order to arrest that person, the Constable must have reasonable cause to believe they have breached the required section of the law, and should they fail to have breached that section of law then the Constable could suffer a penalty up to and including Assault, Kidnapping and Unlawful Detainment.
1.4 - In the event that a person resists this arrest, another charge may be applied.  If the arrest is found to be unlawful, this charge may be translated to a relevant civilian/civilian assault charge should it be found to be disproportionate (i.e. stabbing a police man because said Constable is mistakenly arresting the wrong person for throwing a projectile at a Constable would result in a charge of attempted murder - even if it were determined that the Constable Arresting were doing do knowingly unlawfully.)
1.5 - No person may be searched without consent unless they have been arrested. 
1.6 - Refusing to be searched is not a crime, however if being searched is a requirement for anything (e.g. entering a Government Building) then refusal to be searched will not enable this requirement to be bypassed.
1.7 - No person may be searched by a Constable of the opposite gender.
1.8 - Any evidence procured through a search must be isolated from the Officer’s possessions and placed within an evidence bag.  It’s seizure must be made known to the Searchee.  If this does not occur then it may be inadmissable in court.[/blocktext]
[b]2.0 - Powers to Enter or Search a Property[/b]
[blocktext]1.1 - A Police Officer may enter any private property should they have reason to believe (beyond reasonable doubt) that any of the following are occurring:[list][*]Assault[*]Battery[*]Attempted Murder[*]Manslaughter[*]Theft[*]Sexual Assaults[*]Destruction of Property[/list]They may enter any private property should they have reason to believe (beyond any reasonable doubt) that any of the following have been committed in the property:[list][*]Murder[/list]They may enter any private property in order to pursue a fleeing suspect.  They may enter any private property to ‘ensure the safety and integrity of life of person or property’.  If this is found to be mis-used then the police officer may be punished up to and including being charged with Breaking and Entering.
1.2 - A Police Officer may search a property without a warrant under the above conditions barring Pursuit of a Suspect.  This search must be non-invasive and must end at the boundary of the private property.
1.3 - Any destruction of property occurring through an illegal entrance or search will be compensated for to 100% by the Local Constabulary.  If the search or entrance was legal, then an application for compensation may be made but successful reimbursement is not guaranteed.[/blocktext]
[b]3.0 - Powers with Warrant[/b]
[blocktext]3.1 - If in possession of a valid warrant (e.g. ‘Warrant to Search property Number 221B, Baker Street, London’) then the pre-stated requirements to search, enter or arrest an individual or property are not required.
3.2 - If this warrant is served incorrectly, then the results of the search may be inadmissible.
3.3 - If the property owner is present and brought to hold conversation with involved Constables, then said warrant must be presented to them for inspection.  If not, then it must be presented to them upon arrival.
3.4 - Violence to resist the serving of a warrant will incur a criminal charge.
3.5 - A warrant may only be signed by a Sworn In Judge, and if it does not contain a signature from any said person then it is invalid as a legal document.
3.6 - If said warrant was invalid illegal, enacting it will not constitute an offence, unless it is done while knowing that the warrant was invalid, in which case a penalty up to and including Breaking and Entering OR Assault and Kidnapping and Unlawful Detention OR Assault (respectively to Enter, Arrest or Search (a person)).[/blocktext]
[b]4.0 - Power to Bear Arms[/b]
[blocktext]4.1 - [u]Understanding this nation has no firearms limitation laws[/u], all Police officers are entitled (or mandated, by Constabulary-Determined policy) to carry Constabulary-standardised firearms classified as ‘Pistols’ about their person while on duty.
4.2 - [u]Understanding this nation has no firearms limitation laws[/u], specialist Firearms units shall be formed of specially trained and selected elite Firearms Officers.
4.3 - Said Firearms Officers may carry appropriate weaponry for their role.[/blocktext]
[b]5.0 - Power to End Life[/b]
[blocktext]5.1 - Should an [b]armed[/b] person A) present a Clear and Present Danger, or B) cause a Constable to believe they present a Clear and Present Danger to another human being, a Constable will be justified in engaging them with their Duty Weapon.
5.2 - Said Constable is justified in using sufficient force to neutralise the threat utterly.
5.3 - Said Constable is free to act without prior permission in such an instance.
5.4 - Said Constable’s actions will be thoroughly investigated, and if the action was found to be justified yet in error (see 5.1.B), no action may be taken to punish them.  If the action was found to be in error and unjustified then any punishment up to and including being charged with Murder may occur.[/blocktext]
[b]6.0 - Jurisdiction[/b]
[blocktext]6.1 - A Local Constabulary’s jurisdiction RE: call outs extends to the limit of their jurisdiction, with reasonable leeway.
6.2 - A Local Constabulary’s jurisdiction RE: crimes in progress and witnessed by a Constable in person extends up to the end of national borders and national waters.
6.3 - Hot Pursuit applies RE: the pursuit of suspects cross jurisdictions.
6.4 - A Constable maintains powers over any and all citizens of this nation, including Military Personnel.  This is not reciprocated by Military Policemen.  Any citizen of this nation may Lawfully Assist a Constable in the lawful enactment of their powers.[/blocktext]
[b][size=120]D : Equipment[/size][/b]
[b]1.0 - Uniforms[/b]
[blocktext]1.1 - It is recommended that the uniform of each Constable consist of numerous Dress Uniform Numbers.  Ceremonial, Working and Combat.
1.2 - Ceremonial to consist of a Standardised national Dress Uniform in line with, yet distinct of the Army #1 Dress.
1.3 - Working to consist of easily maintained and hard-wearing material clothes, an example being a service cap/bowler hat, a stab-proof vest in an unobtrusive hue (black recommended), belt kit, a polo-shirt in an unobtrusive hue, cargo trousers in an unobtrusive hue and combat boots (black).  This uniform may be deviated from by Local Constabularies.
1.4 - Combat to consist of Working with ballistic protection for use by Firearms Officers.[/blocktext]
[b]2.0 - Belt Kit[/b]
[blocktext]2.1 - Acknowledging that all Police Constables require equipment in the carrying out of their duty.
2.2 - Mandating the carrying of this by every Beat Officer:[list][*]1x Handcuffs Pair[*]1x Baton[*]1x CS can[*]1x Radio[*]2x Evidence Bags[*]1x Badge of Office[/list]
2.3 - Recognising that additional equipment may be carried by Constables where necessary.[/blocktext]
[b]3.0 - Weaponry[/b]
[blocktext]3.1 - [u]Understanding this nation has no firearms limitation laws[/u], it is recommended that all Constabularies arm their officers with a semi-automatic, magazine fed pistol firing a round either 9x19mm or .45 ACP.
3.2 - [u]Understanding this nation has no firearms limitation laws[/u], it is recommended that all Constabularies maintain an appropriate arsenal of Pistol-Cartridge semi-automatic Carbines (‘SMGs’), Intermediate-Cartridge select fire Rifles (Assault Rifles), Smooth-bore weapons (Shotguns) and Rifle-Cartridge Semi-automatic Rifles (Battle or ‘Sniper’ Rifles).[/blocktext]
[b]4.0 Vehicles[/b]
[blocktext]4.1 - Recommending that all Constabularies adopt a standardised vehicle which shall be chosen for it’s suitability to task.  But not mandating this.
4.2 - Mandating all Constabularies outfit their vehicles with Battenburg markings (yellow/Blue) for clarification, Constabulary Livery and lights.
4.3 - Allowing any Constabulary to procure specialist vehicles as and where necessary, if it meets the requirements.[/blocktext]
[b][size=120]E : Misc.[/size][/b]
[b]1[/b]
[blocktext]1.1 - The Constabularies will be utterly independent of any and [b]all[/b] Political Parties.[/blocktext]
[b][size=120]F : Ommissions of Act[/size][/b]
[b]1[/b]
[blocktext]1.1 - This Act Omits listing the Criminal Justice Code
1.2 - This Act Omits listing the Police Code of Code of Conduct
1.3 - This Act Omits legislating on the creation of Courts, though [b]RECOMMENDS[/b] that such is done.
1.4 - This Act Omits legislating on Service Police or Nationwide Forces.  National Police are covered by the National Security Act [i]([url=http://forum.nationstates.net/viewtopic.php?f=25&t=236177&p=14155733#p14155733]National Security Act[/url])[/i], and Service Police (e.g. Military Police, Air Force Police, Naval Provost) must be covered in legislation concerning their respective branches.  it is [b]RECOMMENDED[/b] that such is done.
1.5 - This Act Omits legislating on Forensics Investigation, though [b]RECOMMENDS[/b] that such is done.[/blocktext]
[hr][/hr][/box][/quote]

[Costa Alegria]

I vote aye for the National Symbols Act and humbly request that the senator from the Gulch quits his bleating before we do it for him.

[Radiatia]

I vote Abstain on the National Symbols Act. I really don't care one way or the other, and we have far more important things to be worrying about than what our flag looks like.

[Ovisterra]

I, senator Ovisterra, vote FOR the National Symbols Act.

[Kamchastkia]

I, Senator Kamchastkia, vote aye for the National Symbols Act.

[Len Hyet]

If anybody wants a court system to deal with the criminals arrested by the police, instead of our nation turning into a police state with no trials, judges, due process, or even rules about when, where, and how you can be arrested, can we PLEASE get a Judicial System in Place?

I have an Act, it's well thought out, has been motioned by five people to be added to the Chamber, so let's just get this done.

Act to Establish a Judicial System

---

Drafted By: Len Hyet
Edited By: Ceannairceach, Aquitayne, Costa Alegria
Sponsored By: Ceannairceach, Aquitayne, Gallup, Jerusalemian, Lemanrussland

---

Accepting That there is as of currently no established Judicial System,

Understanding That such a Judicial system is entirely necessary for the full and efficient progress of a Nation,

Concerned That individual regions may establish their own Judicial Systems without the weight of a higher court, or of the backing of the National Government,

THIS ACT HEREBY:

DeclaresThat the Judicial Branch of the Government, as is established in this bill, has the following Rights and Responsibilities. The Judicial Branch is put in place to interpret the law as they see fit, with the final interpretation of any law going to the Supreme Court. The Judicial Branch is to ensure the law is applied out faithfully, and as such is held to a high moral standard. The Judicial Branch may strike down laws passed by the Senate that contradict the Constitution or any amendments made thereupon.

Establishes The judicial Power of this nation, that shall be vested in one Supreme Court, and in such inferior Courts as the Senate may from time to time ordain and establish. The Judges, both of the Supreme and Inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

Further Establishes That there shall be nine types of court, which are listed in here in no particular order, the Supreme Court, the National Court of Appeals, the National District Courts, the Highest State Court of Appeals, the State Court of Appeals, Local Trial Courts, the Court of International Trade, the Court of Claims, and the Court of Military Appeals.

Places in Branches The nine types of court. There shall be two branches of Court, each separate and equal to the other courts, and each having their own jurisdiction that shall not be infringed upon by the other courts. These two Branches of Court are the National Court System, and the State Court System. There shall be three courts separate from the branches of the Court System, each of which has it's own jurisdiction and is not to be infringed upon by the other courts. These three Courts are the Court of International Trade, the Court of Claims, and the Court of Military Appeals.

Defines The Supreme Court. The Supreme Court is the highest Court in the Land. Once a verdict has been rendered by the Supreme Court, there is no other court of appeals. Thus, the Supreme Court will be comprised of Nine Justices, each of which is to be of the highest Moral Character, Ethical Standing, and Strength of Mind. The Nine Justices will be appointed by the Head of State and confirmed by a two thirds majority by the Senate. The Justices will serve until they are medically unfit to serve, die, or retire from office.

Further Defines The National Court System as having three courts placed in hierarchy, the Hierarchy being as follows. The lowest court in this hierarchy is the National District Court, The National District courts are the general trial courts of the National Court System. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There will be a bankruptcy court associated with each District Court. The Second Court in this hierarchy is the National Court of Appeals. These Courts are courts solely for the review of cases who's verdict have been rendered by a National District Court. These courts may overturn or sustain the verdict rendered previously. The third court in this Hierarchy is the Supreme Court, which is also a court of appeals, which has the same powers as the National Courts of Appeals, however all decisions made by the Supreme Court may only be reviewed by the Supreme Court, as it is the highest court in the Nation.

Further Defines The State Court System as having four courts placed in Hierarchy, the Hierarchy being as follows. The lowest court in this hierarchy is the Local Trial Court. This court is defined as having general jurisdiction and is authorized to hear any type of civil or criminal case that is not committed exclusively to another court. The second court in this Hierarchy is the State Appeals Court. These Courts are courts solely for the review of cases who's verdict have been rendered by a Local Trial Court. These courts may overturn or sustain the verdict rendered previously. The Third Court in this Hierarchy is the Highest State Court of Appeals, which also may be known as the State Supreme Court. It's duties are the same as the State Court of Appeals, and it may overturn decisions made by the State Court of Appeals. The Highest Court in this Hierarchy is the Supreme Court, the same Supreme Court as previously enumerated, with the same rights and responsibilities.

Further Defines The Court of International Trade. The Court of International Trade possesses limited subject matter jurisdiction, meaning that it may hear only cases involving international trade and customs law questions. All decisions made by this court may be appealed to the Supreme Court, that being the same Supreme Court as being previously enumerated, with the same rights and responsibilities.

Further Defines The Court of Claims. The Court of Claims possesses limited subject matter jurisdiction, meaning that it may hear only cases involving monetary claims being made against the National Government. All decisions made by this court may be appealed to the Supreme Court, that being the same Supreme Court as being previously enumerated, with the same rights and responsibilities.

Further Defines The Court of Military Appeals. The Court of Military Appeals possesses limited subject matter jurisdiction, meaning that it may hear only cases involving appeals being made after a verdict has been rendered by a Military Tribunal. The Court will be comprised of a Civilian Judge presiding over a Military Jury. All decisions made by this court may be appealed to the Supreme Court, that being the same Supreme Court as being previously enumerated, with the same rights and responsibilities.

Further Defines A Military Tribunal as being a Court Separate from the Judicial System of the Nation, to try members of the Military in cases involving a breach of both civilian and military law. This court is to be composed of a Jury of nine (9) members of the Military of equal rank to the accused, and one Judge of higher rank and appropriate training.

Enumerates The Rights of the Accused as follows. These rights must be read to the accused at the time of their arrest. These Rights apply to the gathering of testimonial evidence by Police. For these rights to apply, the following six (6) requirements must be met.

• Evidence must have been gathered.
• The evidence must be testimonial.
• The evidence must have been obtained while the suspect was in custody.
• The evidence must have been the product of interrogation.
• The interrogation must have been conducted by state-agents.
• The evidence must be offered by the state during a criminal prosecution.

The rights of the Accused, as they must be made aware of upon being arrested are as follows.

[1]They have the right to remain silent;
[2]Anything the suspect does or say can and may be used against them;
[3]They have the right to have an attorney present before and during the questioning; and
[4]They have the right, if they cannot afford the services of an attorney, to have one appointed, at public expense and without cost to them, to represent them before and during the questioning.

Designates That to become a Judge in any Court System, one must take a Civil Service Exam, to be administered by the National Government. Then, those who score acceptably (acceptability to be defined by the state for State Courts, and as a Ninety Five Percent (95%) for National and Independent Courts), will be nominated by the state Governor for State Courts or by the Head of Government for a National Court or Independent Court. The Nominee will then be submitted to the State Legislature for State Courts or to the National Senate for National or Independent Courts. Then a simple majority vote is required to establish the nominee as a Judge of the Court they have been nominated for. A Judge will serve until they are medically unfit to serve, die, or retire from office.

Establishes The Powers of a Judge during all trials as follows. It shall be the duty of the Judge to conduct a fair and impartial hearing, to assure that the facts are fully elicited, to adjudicate all issues and avoid delay. The Judge shall have authority with respect to cases assigned to him, between the time he is designated and the time he issues his decision, subject to the rules and regulations of the Commission, to: Administer oaths and affirmations; Issue authorized subpoenas; Rule upon petitions to revoke subpoenas; Rule upon offers of proof and receive relevant evidence; Take or cause depositions to be taken whenever the needs of justice would be served; Regulate the course of the hearing and, if appropriate or necessary, exclude persons or counsel from the hearing for contemptuous conduct and strike all related testimony of witnesses refusing to answer any proper questions; Hold conferences for the settlement or simplification of the issues; Dispose of procedural requests or similar matters, including motions referred to the Judge by the Commission and motions to amend pleadings; also to dismiss complaints or portions thereof, and to order hearings reopened or, upon motion, consolidated prior to issuance of his decision; Make decisions in cases that do not include a Trial by Jury; Call and examine witnesses and to introduce into the record documentary or other evidence; Request the parties to state their respective positions concerning any issue in the case or theory in support thereof; Adjourn the hearing as the needs of justice and good administration require; Take any other action necessary under the foregoing and authorized by the published rules and regulations of the Commission.

Defines A trial by Jury as a trial in which the defendant is judged by a group of twelve members of his peers, they being the Jury. If the Defendant wishes to, and the Court Agrees, then the Trial by Jury may be waived, in which case the Trial will be presided over, and a verdict rendered solely by, a Judge.

Firmly and Without Reservations Declares That all people are equal under the eyes of the law, that the Government shall not make any laws infringing upon the rights of a minority based on race, creed, gender, sexual orientation (or lack thereof). It will be the responsibility of the Judicial System to ensure that no law made infringes upon this sovereign right, and that no verdict is rendered upon a person because of their race, creed, gender, or sexual orientation.

This Act Hereby Welcomes into Existence the Judicial Branch of the Government, equal in responsibility and power to both of the other two Branches, and is a part of the Government in full.

[Ziegenhain]

If anybody wants a court system to deal with the criminals arrested by the police, instead of our nation turning into a police state with no trials, judges, due process, or even rules about when, where, and how you can be arrested, can we PLEASE get a Judicial System in Place?

I have an Act, it's well thought out, has been motioned by five people to be added to the Chamber, so let's just get this done.

Act to Establish a Judicial System

---

Drafted By: Len Hyet
Edited By: Ceannairceach, Aquitayne, Costa Alegria
Sponsored By: Ceannairceach, Aquitayne, Gallup, Jerusalemian, Lemanrussland

---

Accepting That there is as of currently no established Judicial System,

Understanding That such a Judicial system is entirely necessary for the full and efficient progress of a Nation,

Concerned That individual regions may establish their own Judicial Systems without the weight of a higher court, or of the backing of the National Government,

THIS ACT HEREBY:

DeclaresThat the Judicial Branch of the Government, as is established in this bill, has the following Rights and Responsibilities. The Judicial Branch is put in place to interpret the law as they see fit, with the final interpretation of any law going to the Supreme Court. The Judicial Branch is to ensure the law is applied out faithfully, and as such is held to a high moral standard. The Judicial Branch may strike down laws passed by the Senate that contradict the Constitution or any amendments made thereupon.

Establishes The judicial Power of this nation, that shall be vested in one Supreme Court, and in such inferior Courts as the Senate may from time to time ordain and establish. The Judges, both of the Supreme and Inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

Further Establishes That there shall be nine types of court, which are listed in here in no particular order, the Supreme Court, the National Court of Appeals, the National District Courts, the Highest State Court of Appeals, the State Court of Appeals, Local Trial Courts, the Court of International Trade, the Court of Claims, and the Court of Military Appeals.

Places in Branches The nine types of court. There shall be two branches of Court, each separate and equal to the other courts, and each having their own jurisdiction that shall not be infringed upon by the other courts. These two Branches of Court are the National Court System, and the State Court System. There shall be three courts separate from the branches of the Court System, each of which has it's own jurisdiction and is not to be infringed upon by the other courts. These three Courts are the Court of International Trade, the Court of Claims, and the Court of Military Appeals.

Defines The Supreme Court. The Supreme Court is the highest Court in the Land. Once a verdict has been rendered by the Supreme Court, there is no other court of appeals. Thus, the Supreme Court will be comprised of Nine Justices, each of which is to be of the highest Moral Character, Ethical Standing, and Strength of Mind. The Nine Justices will be appointed by the Head of State and confirmed by a two thirds majority by the Senate. The Justices will serve until they are medically unfit to serve, die, or retire from office.

Further Defines The National Court System as having three courts placed in hierarchy, the Hierarchy being as follows. The lowest court in this hierarchy is the National District Court, The National District courts are the general trial courts of the National Court System. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There will be a bankruptcy court associated with each District Court. The Second Court in this hierarchy is the National Court of Appeals. These Courts are courts solely for the review of cases who's verdict have been rendered by a National District Court. These courts may overturn or sustain the verdict rendered previously. The third court in this Hierarchy is the Supreme Court, which is also a court of appeals, which has the same powers as the National Courts of Appeals, however all decisions made by the Supreme Court may only be reviewed by the Supreme Court, as it is the highest court in the Nation.

Further Defines The State Court System as having four courts placed in Hierarchy, the Hierarchy being as follows. The lowest court in this hierarchy is the Local Trial Court. This court is defined as having general jurisdiction and is authorized to hear any type of civil or criminal case that is not committed exclusively to another court. The second court in this Hierarchy is the State Appeals Court. These Courts are courts solely for the review of cases who's verdict have been rendered by a Local Trial Court. These courts may overturn or sustain the verdict rendered previously. The Third Court in this Hierarchy is the Highest State Court of Appeals, which also may be known as the State Supreme Court. It's duties are the same as the State Court of Appeals, and it may overturn decisions made by the State Court of Appeals. The Highest Court in this Hierarchy is the Supreme Court, the same Supreme Court as previously enumerated, with the same rights and responsibilities.

Further Defines The Court of International Trade. The Court of International Trade possesses limited subject matter jurisdiction, meaning that it may hear only cases involving international trade and customs law questions. All decisions made by this court may be appealed to the Supreme Court, that being the same Supreme Court as being previously enumerated, with the same rights and responsibilities.

Further Defines The Court of Claims. The Court of Claims possesses limited subject matter jurisdiction, meaning that it may hear only cases involving monetary claims being made against the National Government. All decisions made by this court may be appealed to the Supreme Court, that being the same Supreme Court as being previously enumerated, with the same rights and responsibilities.

Further Defines The Court of Military Appeals. The Court of Military Appeals possesses limited subject matter jurisdiction, meaning that it may hear only cases involving appeals being made after a verdict has been rendered by a Military Tribunal. The Court will be comprised of a Civilian Judge presiding over a Military Jury. All decisions made by this court may be appealed to the Supreme Court, that being the same Supreme Court as being previously enumerated, with the same rights and responsibilities.

Further Defines A Military Tribunal as being a Court Separate from the Judicial System of the Nation, to try members of the Military in cases involving a breach of both civilian and military law. This court is to be composed of a Jury of nine (9) members of the Military of equal rank to the accused, and one Judge of higher rank and appropriate training.

Enumerates The Rights of the Accused as follows. These rights must be read to the accused at the time of their arrest. These Rights apply to the gathering of testimonial evidence by Police. For these rights to apply, the following six (6) requirements must be met.

• Evidence must have been gathered.
• The evidence must be testimonial.
• The evidence must have been obtained while the suspect was in custody.
• The evidence must have been the product of interrogation.
• The interrogation must have been conducted by state-agents.
• The evidence must be offered by the state during a criminal prosecution.

The rights of the Accused, as they must be made aware of upon being arrested are as follows.

[1]They have the right to remain silent;
[2]Anything the suspect does or say can and may be used against them;
[3]They have the right to have an attorney present before and during the questioning; and
[4]They have the right, if they cannot afford the services of an attorney, to have one appointed, at public expense and without cost to them, to represent them before and during the questioning.

Designates That to become a Judge in any Court System, one must take a Civil Service Exam, to be administered by the National Government. Then, those who score acceptably (acceptability to be defined by the state for State Courts, and as a Ninety Five Percent (95%) for National and Independent Courts), will be nominated by the state Governor for State Courts or by the Head of Government for a National Court or Independent Court. The Nominee will then be submitted to the State Legislature for State Courts or to the National Senate for National or Independent Courts. Then a simple majority vote is required to establish the nominee as a Judge of the Court they have been nominated for. A Judge will serve until they are medically unfit to serve, die, or retire from office.

Establishes The Powers of a Judge during all trials as follows. It shall be the duty of the Judge to conduct a fair and impartial hearing, to assure that the facts are fully elicited, to adjudicate all issues and avoid delay. The Judge shall have authority with respect to cases assigned to him, between the time he is designated and the time he issues his decision, subject to the rules and regulations of the Commission, to: Administer oaths and affirmations; Issue authorized subpoenas; Rule upon petitions to revoke subpoenas; Rule upon offers of proof and receive relevant evidence; Take or cause depositions to be taken whenever the needs of justice would be served; Regulate the course of the hearing and, if appropriate or necessary, exclude persons or counsel from the hearing for contemptuous conduct and strike all related testimony of witnesses refusing to answer any proper questions; Hold conferences for the settlement or simplification of the issues; Dispose of procedural requests or similar matters, including motions referred to the Judge by the Commission and motions to amend pleadings; also to dismiss complaints or portions thereof, and to order hearings reopened or, upon motion, consolidated prior to issuance of his decision; Make decisions in cases that do not include a Trial by Jury; Call and examine witnesses and to introduce into the record documentary or other evidence; Request the parties to state their respective positions concerning any issue in the case or theory in support thereof; Adjourn the hearing as the needs of justice and good administration require; Take any other action necessary under the foregoing and authorized by the published rules and regulations of the Commission.

Defines A trial by Jury as a trial in which the defendant is judged by a group of twelve members of his peers, they being the Jury. If the Defendant wishes to, and the Court Agrees, then the Trial by Jury may be waived, in which case the Trial will be presided over, and a verdict rendered solely by, a Judge.

Firmly and Without Reservations Declares That all people are equal under the eyes of the law, that the Government shall not make any laws infringing upon the rights of a minority based on race, creed, gender, sexual orientation (or lack thereof). It will be the responsibility of the Judicial System to ensure that no law made infringes upon this sovereign right, and that no verdict is rendered upon a person because of their race, creed, gender, or sexual orientation.

This Act Hereby Welcomes into Existence the Judicial Branch of the Government, equal in responsibility and power to both of the other two Branches, and is a part of the Government in full.

I first this, or whatever number.

[Geilinor]

I, Senator Geilinor, vote for the NSA.

[NSG Senate Administrators]

Lrn2NS, Admins.

Code: Select all

[quote="Kouralia";p="14233997"][box][align=center][size=150][b][u]Policing and Law Enforcement Act (2013)[/u][/b][/size][/align]

[b]Urgency:[/b] UTMOST

[b]Drafted by:[/b] Senator [nation]Kouralia[/nation] of the USLP

[b]Co-Sponsors: [/b] [nation]New Freedomstan[/nation] (USLP), [nation]Evraim[/nation] (PC), [nation]Othelos[/nation] (PC), [nation]Zweite Alaje[/nation] (NIFP), [nation]Demphor[/nation] (?), [nation]Geilinor[/nation] (LD), [nation]Ziegenhain[/nation] (LFP)

[hr][/hr]

The government of our nation,

[b]AWARE[/b] that our fair land has no formalised method of dealing with criminals,

[b]UNDERSTANDING[/b] that such a situation is objectively unacceptable,

[b]RECOMMENDING[/b] that the senate hereby moves to form a uniformed, official and publicly accountable Police Force/Police Forces along the following lines.
[hr][/hr]
[b][size=120]A : Formation of Localised Constabularies and Equivalents[/size][/b]
[b]1.0 - The formation of the Regional Marshals and Temporary Policing Coordination bureau[/b]
[blocktext]1.1 - Acknowledging that the creation of a professional and qualified Police Force takes time, [u]we must [b]not[/b] suffer temporary anarchy[/u].
1.2 - In order to overcome this, until such time as a professional organisation can be formed, a system of elected deputies shall exist.  Each geographically-divided region shall be mandated to elect approximately 1% of its populaton to serve part-time as a 'Regional Marshal' [hereafter RM].  Their job shall be to temporarily inter people under the society's interpretation of the laws.  Additionally, a Temporary Policing Coordination Bureau [hereafter TPCB] shall be formed to manage, enlist, dismiss and investigate the RMs.
1.3 - Acknowledging that this leaves the situation open to abuse, an alert of any act committed by an RM shall be transmitted to the TPCB  by the RM him/herself.  The TPCB shall be able to order any RM to cease and desist in any activities.
1.4 - All RM shall be accountable for their actions, which shall be reviewed by the Ministry of Justice [i]([url=http://forum.nationstates.net/viewtopic.php?f=25&t=236177&p=14155733#p14155733]National Security Act[/url])[/i] following the dissolution of the RM and TPCB.  If they are found to be unlawful then a punishment can be thusly applied.
1.5 - Any RM may be formally relieved of their position by the TPCB if a complaint regarding them is found to be truthful and of acceptable severity.
1.6 - The position of RM shall be paid by a wage of *X*, not affected by their productivity but affected by their successful conviction rate with danger pay provided.[/blocktext]
[b]2.0 - The dissolution of the Regional Marshals and Temporary Policing Coordination Bureau[/b]
[blocktext]2.1 - The Dissolution of the RM and TPCB shall occur by the order of a judge of a Court of Law, with each order only being able to be passed when the Officers Commanding of any relevant regional Constabularies agree that they are capable of undertaking the Law Enforcement Duties in that area.
2.2 - Any RM who refuses to surrender any claim to that position when required to do so by the legal authority of the TCPB or a Court of Law will be charged with Impersonating a Police Officer.[/blocktext]
[b]3.0 - Formation of Regional Constabularies[/b]
[blocktext]3.1 - Jurisdictional Districts shall be determined by a Committee of the Ministry of Justice [i]([url=http://forum.nationstates.net/viewtopic.php?f=25&t=236177&p=14155733#p14155733]National Security Act[/url])[/i], and each shall have a Constabulary formed within it.  (e.g. Metropolitan Constabulary).
3.2 - The recruitment of officers into each Constabulary shall be handled by the relevant officials in that Constabulary, with final decisions remaining with that Constabulary.
3.3 - Requirements for recruitment will be determined by each Constabulary, however the following shall be mandated as a minimum:[list][*]Holding a Current Drivers License (Following the creation of a Driver and Vehicle Licensing Agency)[*]Ability to swim[*]No past violent or serious crimes[*]Non-membership of any Party Paramilitary (e.g. the Security Branch of the People's Proletarian Force)[*]Passing of a Standardised Fitness Test, the contents of which are to be determined.[/list][/blocktext]
[b][size=120]B : Accountability of Localised Constabularies and Equivalents[/size][/b]
[b]1.0 - Accountability of Regional Marshals[/b]
[blocktext]1.1 - All RM shall be held accountable to the TPCB, and the TPCB has complete ability to mandate removal of an RM for violation of organisational ethics.
1.2 - The TPCB is accountable to the elected Minister of the Ministry of Justice [i]([url=http://forum.nationstates.net/viewtopic.php?f=25&t=236177&p=14155733#p14155733]National Security Act[/url])[/i], and the request for its dissolvement shall come from him/her alone.[/blocktext]
[b]2.0 - Accountability of Local Constabularies[/b]
[blocktext]2.1 - All local Constabularies will be held accountable to the Independent Police Internal Affairs Agency [hereafter IPIAA].
2.2 - The IPIAA shall be tasked with investigating fully any complaint against the Local Constabularies.
2.3 - The IPIAA shall have the ability to fire any police officer found to have violated the Policing Code of Practice, or provide any other proportionate punishment including recommending they be charged with a criminal activity to be tried in a Court of Law.
2.4 - The IPIAA and Regional Constabularies shall be held accountable to the Ministry of Justice [i]([url=http://forum.nationstates.net/viewtopic.php?f=25&t=236177&p=14155733#p14155733]National Security Act[/url])[/i] and therefore to the elected Minister, and therefore to the Public.  This ensures that neither organisation can continue along a path without the backing of the Public.[/blocktext]
[b][size=120]C : Powers of Local Constabularies[/size][/b]
[b]1.0 - Powers to Arrest or Search a Person[/b]
[blocktext]1.1 - Any sworn in Constable (Constable used hereafter to refer to any sworn in law enforcement officer of a Local Constabulary) can arrest someone formally as a Police Officer as opposed to a Citizen’s Arrest.
1.2 - Upon arresting any person, the Constable must cite which section of the Law they have breached, and have their rights read to them: [i]‘You have the right to remain silent, however anything you do say can and could be taken down and be used in a court of law against you.  beware of failing to mention something now which you later rely on in a Court of Law.  You have the right to Legal Assistance.’[/i]  If this does not occur then the Custody Serjeant may refuse to take Custody of the Arrestee.
1.3 - In order to arrest that person, the Constable must have reasonable cause to believe they have breached the required section of the law, and should they fail to have breached that section of law then the Constable could suffer a penalty up to and including Assault, Kidnapping and Unlawful Detainment.
1.4 - In the event that a person resists this arrest, another charge may be applied.  If the arrest is found to be unlawful, this charge may be translated to a relevant civilian/civilian assault charge should it be found to be disproportionate (i.e. stabbing a police man because said Constable is mistakenly arresting the wrong person for throwing a projectile at a Constable would result in a charge of attempted murder - even if it were determined that the Constable Arresting were doing do knowingly unlawfully.)
1.5 - No person may be searched without consent unless they have been arrested. 
1.6 - Refusing to be searched is not a crime, however if being searched is a requirement for anything (e.g. entering a Government Building) then refusal to be searched will not enable this requirement to be bypassed.
1.7 - No person may be searched by a Constable of the opposite gender.
1.8 - Any evidence procured through a search must be isolated from the Officer’s possessions and placed within an evidence bag.  It’s seizure must be made known to the Searchee.  If this does not occur then it may be inadmissable in court.[/blocktext]
[b]2.0 - Powers to Enter or Search a Property[/b]
[blocktext]1.1 - A Police Officer may enter any private property should they have reason to believe (beyond reasonable doubt) that any of the following are occurring:[list][*]Assault[*]Battery[*]Attempted Murder[*]Manslaughter[*]Theft[*]Sexual Assaults[*]Destruction of Property[/list]They may enter any private property should they have reason to believe (beyond any reasonable doubt) that any of the following have been committed in the property:[list][*]Murder[/list]They may enter any private property in order to pursue a fleeing suspect.  They may enter any private property to ‘ensure the safety and integrity of life of person or property’.  If this is found to be mis-used then the police officer may be punished up to and including being charged with Breaking and Entering.
1.2 - A Police Officer may search a property without a warrant under the above conditions barring Pursuit of a Suspect.  This search must be non-invasive and must end at the boundary of the private property.
1.3 - Any destruction of property occurring through an illegal entrance or search will be compensated for to 100% by the Local Constabulary.  If the search or entrance was legal, then an application for compensation may be made but successful reimbursement is not guaranteed.[/blocktext]
[b]3.0 - Powers with Warrant[/b]
[blocktext]3.1 - If in possession of a valid warrant (e.g. ‘Warrant to Search property Number 221B, Baker Street, London’) then the pre-stated requirements to search, enter or arrest an individual or property are not required.
3.2 - If this warrant is served incorrectly, then the results of the search may be inadmissible.
3.3 - If the property owner is present and brought to hold conversation with involved Constables, then said warrant must be presented to them for inspection.  If not, then it must be presented to them upon arrival.
3.4 - Violence to resist the serving of a warrant will incur a criminal charge.
3.5 - A warrant may only be signed by a Sworn In Judge, and if it does not contain a signature from any said person then it is invalid as a legal document.
3.6 - If said warrant was invalid illegal, enacting it will not constitute an offence, unless it is done while knowing that the warrant was invalid, in which case a penalty up to and including Breaking and Entering OR Assault and Kidnapping and Unlawful Detention OR Assault (respectively to Enter, Arrest or Search (a person)).[/blocktext]
[b]4.0 - Power to Bear Arms[/b]
[blocktext]4.1 - [u]Understanding this nation has no firearms limitation laws[/u], all Police officers are entitled (or mandated, by Constabulary-Determined policy) to carry Constabulary-standardised firearms classified as ‘Pistols’ about their person while on duty.
4.2 - [u]Understanding this nation has no firearms limitation laws[/u], specialist Firearms units shall be formed of specially trained and selected elite Firearms Officers.
4.3 - Said Firearms Officers may carry appropriate weaponry for their role.[/blocktext]
[b]5.0 - Power to End Life[/b]
[blocktext]5.1 - Should an [b]armed[/b] person A) present a Clear and Present Danger, or B) cause a Constable to believe they present a Clear and Present Danger to another human being, a Constable will be justified in engaging them with their Duty Weapon.
5.2 - Said Constable is justified in using sufficient force to neutralise the threat utterly.
5.3 - Said Constable is free to act without prior permission in such an instance.
5.4 - Said Constable’s actions will be thoroughly investigated, and if the action was found to be justified yet in error (see 5.1.B), no action may be taken to punish them.  If the action was found to be in error and unjustified then any punishment up to and including being charged with Murder may occur.[/blocktext]
[b]6.0 - Jurisdiction[/b]
[blocktext]6.1 - A Local Constabulary’s jurisdiction RE: call outs extends to the limit of their jurisdiction, with reasonable leeway.
6.2 - A Local Constabulary’s jurisdiction RE: crimes in progress and witnessed by a Constable in person extends up to the end of national borders and national waters.
6.3 - Hot Pursuit applies RE: the pursuit of suspects cross jurisdictions.
6.4 - A Constable maintains powers over any and all citizens of this nation, including Military Personnel.  This is not reciprocated by Military Policemen.  Any citizen of this nation may Lawfully Assist a Constable in the lawful enactment of their powers.[/blocktext]
[b][size=120]D : Equipment[/size][/b]
[b]1.0 - Uniforms[/b]
[blocktext]1.1 - It is recommended that the uniform of each Constable consist of numerous Dress Uniform Numbers.  Ceremonial, Working and Combat.
1.2 - Ceremonial to consist of a Standardised national Dress Uniform in line with, yet distinct of the Army #1 Dress.
1.3 - Working to consist of easily maintained and hard-wearing material clothes, an example being a service cap/bowler hat, a stab-proof vest in an unobtrusive hue (black recommended), belt kit, a polo-shirt in an unobtrusive hue, cargo trousers in an unobtrusive hue and combat boots (black).  This uniform may be deviated from by Local Constabularies.
1.4 - Combat to consist of Working with ballistic protection for use by Firearms Officers.[/blocktext]
[b]2.0 - Belt Kit[/b]
[blocktext]2.1 - Acknowledging that all Police Constables require equipment in the carrying out of their duty.
2.2 - Mandating the carrying of this by every Beat Officer:[list][*]1x Handcuffs Pair[*]1x Baton[*]1x CS can[*]1x Radio[*]2x Evidence Bags[*]1x Badge of Office[/list]
2.3 - Recognising that additional equipment may be carried by Constables where necessary.[/blocktext]
[b]3.0 - Weaponry[/b]
[blocktext]3.1 - [u]Understanding this nation has no firearms limitation laws[/u], it is recommended that all Constabularies arm their officers with a semi-automatic, magazine fed pistol firing a round either 9x19mm or .45 ACP.
3.2 - [u]Understanding this nation has no firearms limitation laws[/u], it is recommended that all Constabularies maintain an appropriate arsenal of Pistol-Cartridge semi-automatic Carbines (‘SMGs’), Intermediate-Cartridge select fire Rifles (Assault Rifles), Smooth-bore weapons (Shotguns) and Rifle-Cartridge Semi-automatic Rifles (Battle or ‘Sniper’ Rifles).[/blocktext]
[b]4.0 Vehicles[/b]
[blocktext]4.1 - Recommending that all Constabularies adopt a standardised vehicle which shall be chosen for it’s suitability to task.  But not mandating this.
4.2 - Mandating all Constabularies outfit their vehicles with Battenburg markings (yellow/Blue) for clarification, Constabulary Livery and lights.
4.3 - Allowing any Constabulary to procure specialist vehicles as and where necessary, if it meets the requirements.[/blocktext]
[b][size=120]E : Misc.[/size][/b]
[b]1[/b]
[blocktext]1.1 - The Constabularies will be utterly independent of any and [b]all[/b] Political Parties.[/blocktext]
[b][size=120]F : Ommissions of Act[/size][/b]
[b]1[/b]
[blocktext]1.1 - This Act Omits listing the Criminal Justice Code
1.2 - This Act Omits listing the Police Code of Code of Conduct
1.3 - This Act Omits legislating on the creation of Courts, though [b]RECOMMENDS[/b] that such is done.
1.4 - This Act Omits legislating on Service Police or Nationwide Forces.  National Police are covered by the National Security Act [i]([url=http://forum.nationstates.net/viewtopic.php?f=25&t=236177&p=14155733#p14155733]National Security Act[/url])[/i], and Service Police (e.g. Military Police, Air Force Police, Naval Provost) must be covered in legislation concerning their respective branches.  it is [b]RECOMMENDED[/b] that such is done.
1.5 - This Act Omits legislating on Forensics Investigation, though [b]RECOMMENDS[/b] that such is done.[/blocktext]
[hr][/hr][/box][/quote]

I must have read your mind, because I did this before I even saw your post.

[Kouralia]

Lrn2NS, Admins.

Code: Select all

[quote="Kouralia";p="14233997"][box][align=center][size=150][b][u]Policing and Law Enforcement Act (2013)[/u][/b][/size][/align]

[b]Urgency:[/b] UTMOST

[b]Drafted by:[/b] Senator [nation]Kouralia[/nation] of the USLP

[b]Co-Sponsors: [/b] [nation]New Freedomstan[/nation] (USLP), [nation]Evraim[/nation] (PC), [nation]Othelos[/nation] (PC), [nation]Zweite Alaje[/nation] (NIFP), [nation]Demphor[/nation] (?), [nation]Geilinor[/nation] (LD), [nation]Ziegenhain[/nation] (LFP)

[hr][/hr]

The government of our nation,

[b]AWARE[/b] that our fair land has no formalised method of dealing with criminals,

[b]UNDERSTANDING[/b] that such a situation is objectively unacceptable,

[b]RECOMMENDING[/b] that the senate hereby moves to form a uniformed, official and publicly accountable Police Force/Police Forces along the following lines.
[hr][/hr]
[b][size=120]A : Formation of Localised Constabularies and Equivalents[/size][/b]
[b]1.0 - The formation of the Regional Marshals and Temporary Policing Coordination bureau[/b]
[blocktext]1.1 - Acknowledging that the creation of a professional and qualified Police Force takes time, [u]we must [b]not[/b] suffer temporary anarchy[/u].
1.2 - In order to overcome this, until such time as a professional organisation can be formed, a system of elected deputies shall exist.  Each geographically-divided region shall be mandated to elect approximately 1% of its populaton to serve part-time as a 'Regional Marshal' [hereafter RM].  Their job shall be to temporarily inter people under the society's interpretation of the laws.  Additionally, a Temporary Policing Coordination Bureau [hereafter TPCB] shall be formed to manage, enlist, dismiss and investigate the RMs.
1.3 - Acknowledging that this leaves the situation open to abuse, an alert of any act committed by an RM shall be transmitted to the TPCB  by the RM him/herself.  The TPCB shall be able to order any RM to cease and desist in any activities.
1.4 - All RM shall be accountable for their actions, which shall be reviewed by the Ministry of Justice [i]([url=http://forum.nationstates.net/viewtopic.php?f=25&t=236177&p=14155733#p14155733]National Security Act[/url])[/i] following the dissolution of the RM and TPCB.  If they are found to be unlawful then a punishment can be thusly applied.
1.5 - Any RM may be formally relieved of their position by the TPCB if a complaint regarding them is found to be truthful and of acceptable severity.
1.6 - The position of RM shall be paid by a wage of *X*, not affected by their productivity but affected by their successful conviction rate with danger pay provided.[/blocktext]
[b]2.0 - The dissolution of the Regional Marshals and Temporary Policing Coordination Bureau[/b]
[blocktext]2.1 - The Dissolution of the RM and TPCB shall occur by the order of a judge of a Court of Law, with each order only being able to be passed when the Officers Commanding of any relevant regional Constabularies agree that they are capable of undertaking the Law Enforcement Duties in that area.
2.2 - Any RM who refuses to surrender any claim to that position when required to do so by the legal authority of the TCPB or a Court of Law will be charged with Impersonating a Police Officer.[/blocktext]
[b]3.0 - Formation of Regional Constabularies[/b]
[blocktext]3.1 - Jurisdictional Districts shall be determined by a Committee of the Ministry of Justice [i]([url=http://forum.nationstates.net/viewtopic.php?f=25&t=236177&p=14155733#p14155733]National Security Act[/url])[/i], and each shall have a Constabulary formed within it.  (e.g. Metropolitan Constabulary).
3.2 - The recruitment of officers into each Constabulary shall be handled by the relevant officials in that Constabulary, with final decisions remaining with that Constabulary.
3.3 - Requirements for recruitment will be determined by each Constabulary, however the following shall be mandated as a minimum:[list][*]Holding a Current Drivers License (Following the creation of a Driver and Vehicle Licensing Agency)[*]Ability to swim[*]No past violent or serious crimes[*]Non-membership of any Party Paramilitary (e.g. the Security Branch of the People's Proletarian Force)[*]Passing of a Standardised Fitness Test, the contents of which are to be determined.[/list][/blocktext]
[b][size=120]B : Accountability of Localised Constabularies and Equivalents[/size][/b]
[b]1.0 - Accountability of Regional Marshals[/b]
[blocktext]1.1 - All RM shall be held accountable to the TPCB, and the TPCB has complete ability to mandate removal of an RM for violation of organisational ethics.
1.2 - The TPCB is accountable to the elected Minister of the Ministry of Justice [i]([url=http://forum.nationstates.net/viewtopic.php?f=25&t=236177&p=14155733#p14155733]National Security Act[/url])[/i], and the request for its dissolvement shall come from him/her alone.[/blocktext]
[b]2.0 - Accountability of Local Constabularies[/b]
[blocktext]2.1 - All local Constabularies will be held accountable to the Independent Police Internal Affairs Agency [hereafter IPIAA].
2.2 - The IPIAA shall be tasked with investigating fully any complaint against the Local Constabularies.
2.3 - The IPIAA shall have the ability to fire any police officer found to have violated the Policing Code of Practice, or provide any other proportionate punishment including recommending they be charged with a criminal activity to be tried in a Court of Law.
2.4 - The IPIAA and Regional Constabularies shall be held accountable to the Ministry of Justice [i]([url=http://forum.nationstates.net/viewtopic.php?f=25&t=236177&p=14155733#p14155733]National Security Act[/url])[/i] and therefore to the elected Minister, and therefore to the Public.  This ensures that neither organisation can continue along a path without the backing of the Public.[/blocktext]
[b][size=120]C : Powers of Local Constabularies[/size][/b]
[b]1.0 - Powers to Arrest or Search a Person[/b]
[blocktext]1.1 - Any sworn in Constable (Constable used hereafter to refer to any sworn in law enforcement officer of a Local Constabulary) can arrest someone formally as a Police Officer as opposed to a Citizen’s Arrest.
1.2 - Upon arresting any person, the Constable must cite which section of the Law they have breached, and have their rights read to them: [i]‘You have the right to remain silent, however anything you do say can and could be taken down and be used in a court of law against you.  beware of failing to mention something now which you later rely on in a Court of Law.  You have the right to Legal Assistance.’[/i]  If this does not occur then the Custody Serjeant may refuse to take Custody of the Arrestee.
1.3 - In order to arrest that person, the Constable must have reasonable cause to believe they have breached the required section of the law, and should they fail to have breached that section of law then the Constable could suffer a penalty up to and including Assault, Kidnapping and Unlawful Detainment.
1.4 - In the event that a person resists this arrest, another charge may be applied.  If the arrest is found to be unlawful, this charge may be translated to a relevant civilian/civilian assault charge should it be found to be disproportionate (i.e. stabbing a police man because said Constable is mistakenly arresting the wrong person for throwing a projectile at a Constable would result in a charge of attempted murder - even if it were determined that the Constable Arresting were doing do knowingly unlawfully.)
1.5 - No person may be searched without consent unless they have been arrested. 
1.6 - Refusing to be searched is not a crime, however if being searched is a requirement for anything (e.g. entering a Government Building) then refusal to be searched will not enable this requirement to be bypassed.
1.7 - No person may be searched by a Constable of the opposite gender.
1.8 - Any evidence procured through a search must be isolated from the Officer’s possessions and placed within an evidence bag.  It’s seizure must be made known to the Searchee.  If this does not occur then it may be inadmissable in court.[/blocktext]
[b]2.0 - Powers to Enter or Search a Property[/b]
[blocktext]1.1 - A Police Officer may enter any private property should they have reason to believe (beyond reasonable doubt) that any of the following are occurring:[list][*]Assault[*]Battery[*]Attempted Murder[*]Manslaughter[*]Theft[*]Sexual Assaults[*]Destruction of Property[/list]They may enter any private property should they have reason to believe (beyond any reasonable doubt) that any of the following have been committed in the property:[list][*]Murder[/list]They may enter any private property in order to pursue a fleeing suspect.  They may enter any private property to ‘ensure the safety and integrity of life of person or property’.  If this is found to be mis-used then the police officer may be punished up to and including being charged with Breaking and Entering.
1.2 - A Police Officer may search a property without a warrant under the above conditions barring Pursuit of a Suspect.  This search must be non-invasive and must end at the boundary of the private property.
1.3 - Any destruction of property occurring through an illegal entrance or search will be compensated for to 100% by the Local Constabulary.  If the search or entrance was legal, then an application for compensation may be made but successful reimbursement is not guaranteed.[/blocktext]
[b]3.0 - Powers with Warrant[/b]
[blocktext]3.1 - If in possession of a valid warrant (e.g. ‘Warrant to Search property Number 221B, Baker Street, London’) then the pre-stated requirements to search, enter or arrest an individual or property are not required.
3.2 - If this warrant is served incorrectly, then the results of the search may be inadmissible.
3.3 - If the property owner is present and brought to hold conversation with involved Constables, then said warrant must be presented to them for inspection.  If not, then it must be presented to them upon arrival.
3.4 - Violence to resist the serving of a warrant will incur a criminal charge.
3.5 - A warrant may only be signed by a Sworn In Judge, and if it does not contain a signature from any said person then it is invalid as a legal document.
3.6 - If said warrant was invalid illegal, enacting it will not constitute an offence, unless it is done while knowing that the warrant was invalid, in which case a penalty up to and including Breaking and Entering OR Assault and Kidnapping and Unlawful Detention OR Assault (respectively to Enter, Arrest or Search (a person)).[/blocktext]
[b]4.0 - Power to Bear Arms[/b]
[blocktext]4.1 - [u]Understanding this nation has no firearms limitation laws[/u], all Police officers are entitled (or mandated, by Constabulary-Determined policy) to carry Constabulary-standardised firearms classified as ‘Pistols’ about their person while on duty.
4.2 - [u]Understanding this nation has no firearms limitation laws[/u], specialist Firearms units shall be formed of specially trained and selected elite Firearms Officers.
4.3 - Said Firearms Officers may carry appropriate weaponry for their role.[/blocktext]
[b]5.0 - Power to End Life[/b]
[blocktext]5.1 - Should an [b]armed[/b] person A) present a Clear and Present Danger, or B) cause a Constable to believe they present a Clear and Present Danger to another human being, a Constable will be justified in engaging them with their Duty Weapon.
5.2 - Said Constable is justified in using sufficient force to neutralise the threat utterly.
5.3 - Said Constable is free to act without prior permission in such an instance.
5.4 - Said Constable’s actions will be thoroughly investigated, and if the action was found to be justified yet in error (see 5.1.B), no action may be taken to punish them.  If the action was found to be in error and unjustified then any punishment up to and including being charged with Murder may occur.[/blocktext]
[b]6.0 - Jurisdiction[/b]
[blocktext]6.1 - A Local Constabulary’s jurisdiction RE: call outs extends to the limit of their jurisdiction, with reasonable leeway.
6.2 - A Local Constabulary’s jurisdiction RE: crimes in progress and witnessed by a Constable in person extends up to the end of national borders and national waters.
6.3 - Hot Pursuit applies RE: the pursuit of suspects cross jurisdictions.
6.4 - A Constable maintains powers over any and all citizens of this nation, including Military Personnel.  This is not reciprocated by Military Policemen.  Any citizen of this nation may Lawfully Assist a Constable in the lawful enactment of their powers.[/blocktext]
[b][size=120]D : Equipment[/size][/b]
[b]1.0 - Uniforms[/b]
[blocktext]1.1 - It is recommended that the uniform of each Constable consist of numerous Dress Uniform Numbers.  Ceremonial, Working and Combat.
1.2 - Ceremonial to consist of a Standardised national Dress Uniform in line with, yet distinct of the Army #1 Dress.
1.3 - Working to consist of easily maintained and hard-wearing material clothes, an example being a service cap/bowler hat, a stab-proof vest in an unobtrusive hue (black recommended), belt kit, a polo-shirt in an unobtrusive hue, cargo trousers in an unobtrusive hue and combat boots (black).  This uniform may be deviated from by Local Constabularies.
1.4 - Combat to consist of Working with ballistic protection for use by Firearms Officers.[/blocktext]
[b]2.0 - Belt Kit[/b]
[blocktext]2.1 - Acknowledging that all Police Constables require equipment in the carrying out of their duty.
2.2 - Mandating the carrying of this by every Beat Officer:[list][*]1x Handcuffs Pair[*]1x Baton[*]1x CS can[*]1x Radio[*]2x Evidence Bags[*]1x Badge of Office[/list]
2.3 - Recognising that additional equipment may be carried by Constables where necessary.[/blocktext]
[b]3.0 - Weaponry[/b]
[blocktext]3.1 - [u]Understanding this nation has no firearms limitation laws[/u], it is recommended that all Constabularies arm their officers with a semi-automatic, magazine fed pistol firing a round either 9x19mm or .45 ACP.
3.2 - [u]Understanding this nation has no firearms limitation laws[/u], it is recommended that all Constabularies maintain an appropriate arsenal of Pistol-Cartridge semi-automatic Carbines (‘SMGs’), Intermediate-Cartridge select fire Rifles (Assault Rifles), Smooth-bore weapons (Shotguns) and Rifle-Cartridge Semi-automatic Rifles (Battle or ‘Sniper’ Rifles).[/blocktext]
[b]4.0 Vehicles[/b]
[blocktext]4.1 - Recommending that all Constabularies adopt a standardised vehicle which shall be chosen for it’s suitability to task.  But not mandating this.
4.2 - Mandating all Constabularies outfit their vehicles with Battenburg markings (yellow/Blue) for clarification, Constabulary Livery and lights.
4.3 - Allowing any Constabulary to procure specialist vehicles as and where necessary, if it meets the requirements.[/blocktext]
[b][size=120]E : Misc.[/size][/b]
[b]1[/b]
[blocktext]1.1 - The Constabularies will be utterly independent of any and [b]all[/b] Political Parties.[/blocktext]
[b][size=120]F : Ommissions of Act[/size][/b]
[b]1[/b]
[blocktext]1.1 - This Act Omits listing the Criminal Justice Code
1.2 - This Act Omits listing the Police Code of Code of Conduct
1.3 - This Act Omits legislating on the creation of Courts, though [b]RECOMMENDS[/b] that such is done.
1.4 - This Act Omits legislating on Service Police or Nationwide Forces.  National Police are covered by the National Security Act [i]([url=http://forum.nationstates.net/viewtopic.php?f=25&t=236177&p=14155733#p14155733]National Security Act[/url])[/i], and Service Police (e.g. Military Police, Air Force Police, Naval Provost) must be covered in legislation concerning their respective branches.  it is [b]RECOMMENDED[/b] that such is done.
1.5 - This Act Omits legislating on Forensics Investigation, though [b]RECOMMENDS[/b] that such is done.[/blocktext]
[hr][/hr][/box][/quote]

I must have read your mind, because I did this before I even saw your post.

Bah... Mine has better formatting.

[Agritum]

When does the NSA vote end?

[Greater Pokarnia]

When does the NSA vote end?

Slightly under 24 hours remain.

[CTALNH]

I vote AYE on the NSA

[Othelos]

Current vote on the NSA:

For: 36 (83.7%)
Against: 4 (9.3%)
Present: 3 (7.0%)

Total: 43

Voting ends Monday at 12:32 PM EDT.

[The New Sea Territory]

I never said cease to exist. You can not separate the state not violating people's rights and existing. The state does not have to exist to violate my rights. My life, liberty and property should be respected as much as yours. The state should make it's own money or be donated to, not go around stealing at gunpoint.

Stop stealing services from the government, then.

I take no government services. This is an old argument.

I don't want government services. I'll do it myself.

[Mishmahig]

I vote NAY on the National Symbols Act.