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Types of trialEdit

Most criminal courts can be classified either as adversarial or inquisitorial. Adversarial trials attempt to determine the truth by having the two sides debate each other - the judge and/or jury select the most convincing argument. Inquisitorial trials, on the other hand, attempt to determine the truth by having an official (usually a judge or police official) conduct their own impartial investigation rather than merely listening to the claims of the participants.

Adversarial trialsEdit

  • Flag-aethelnia Aethelnia - Trials are adversarial, with some inquisitorial elements.
  • Flag-portocapital Porto Capital - Trials are adversarial, with some inquisitorial elements.
  • Scwflag Shaelia — Trials are adversarial, with some inquisitorial elements.
  • StSamuelFlag St. Samuel — Trials are adversarial, with inquisitorial elements.
  • Flag-trinia Trinia - trials are adversarial, although there are inquisitorial elements.
  • XochimechatlFlag Xochimechatl - all but two jurisdictions have adopted adversarial trials.

Inquisitorial trialsEdit

  • Flag-lendosa Lendosa - the police are responsible for providing evidence and the judge is responsible for directing them and reaching a conclusion. Lawyers can suggest interpretations, but not in the form of a debate.
  • Flag-mariim Mari'im - the judge is responsible for determining what the facts are.

Trial by juriesEdit

In some countries, verdicts in criminal trials are determined by a randomly (or near-randomly) selected panel of ordinary citizens. This is sometimes considered a right.

Always uses trial by juryEdit

  • Scwflag Shaelia — all criminal trials are required to be tried by a jury of seven "Listeners". Prosecution, defense, and the Court each choose two individuals from a pool of prospective listeners. One listener is appointed by the Shaelic Cruisian Church. Simple majorities (four voting guilty) determine verdicts.
  • Flag-trinia Trinia - all criminal trials are required to be trial by jury.

Sometimes uses trial by juryEdit

  • Flag-lendosa Lendosa - when the police charge a a person with a crime, they will state whether they advise a jury trial or not. The accused can oppose their recommendation, with the decision ultimately belonging to the judge. In practice, police generally recommend jury trials (and judges generally agree).
  • Flag-mariim Mari'im - the use of juries depends on the particular crime. Jury trials are seen as part of "community justice" for relatively simple things, but more complicated things (like tax fraud) and anything political are decided by a judge alone.
  • Flag-portocapital Porto Capital - Jury trials used for minor crimes, and more complicated issues decided by a judge alone.

Never uses trial by juryEdit

  • Flag-aethelnia Aethelnia - Never used in Aethelnia.
  • StSamuelFlag St. Samuel — Never used in St Samuel. Trials are overseen by a panel of three judges.
  • XochimechatlFlag Xochimechatl - none of the jurisdictions in Xochimechatl employ trial by jury in practice, although some of them retain it as a theoretical option if the judge wishes it.

AppealsEdit

In many legal systems, the decision of a court can be challenged by taking the matter to a higher court. There may, however, be restrictions on this.

Allows appealsEdit

  • Flag-aethelnia Aethelnia — Appeals against the decisions of a criminal court are possible, although the highest courts are allowed to refuse to hear an appeal if they are not provided with a good reason.
  • Flag-lendosa Lendosa — it is possible to appeal against the decisions of a criminal court, although if the higher court considers it obvious that the appeal was not made in good faith (for example, a criminal who was simply trying to delay the process), the court can impose higher penalties than the original court did.
  • Flag-portocapital Porto Capital — Allows appeal, although the courts are allowed to refuse.
  • Scwflag Shaelia — appeals are allowed. Higher courts are given discretion if they will hear appeals after examining the evidence and circumstances of the previous trial. If they determine the appeal was made frivolously, they may impose additional penalties.
  • StSamuelFlag St. Samuel — Appeals against criminal convictions can be made.
  • Flag-trinia Trinia — it is possible to appeal against the decisions of a criminal court, although the highest courts are allowed to refuse to hear an appeal if they are not provided with a good reason.
  • XochimechatlFlag Xochimechatl - it is possible to appeal against the decisions of a criminal court in all jurisdictions, although some place restrictions on it.

Does not allow appealsEdit

  • Flag-mariim Mari'im - there is no way to appeal against the decision of a court (although in rare cases, the People's Court can intervene on its own initiative).

Detention without trialEdit

Virtually every country allows criminals to be held in custody while awaiting trial, but laws vary as to how long a person can be detained in this manner.

Set limitsEdit

  • Flag-aethelnia Aethelnia — People in detention must be charged within a max 48 hour period, and then brought to trial within max three months.
  • Flag-portocapital Porto Capital — Must be charged within 24 hours.
  • Scwflag Shaelia — an individual formally arrested must be charged within 72 hours of arrest. An individual merely detained must either be charged or released within 24 hours.
  • StSamuelFlag St. Samuel — A detainee must be charged within 72 hours, police can apply to a judge for extensions.
  • Flag-trinia Trinia — if someone is detained, they must be charged with a specific crime within four days, and then brought to trial within three months (or, if the courts do not have sufficient time to deal with the person in that time, simply "as soon as possible").

No limitsEdit

  • Flag-lendosa Lendosa - the law does require that those who are detained be given a trial "promptly", but there are no set definitions as to what this means. In practice, it varies considerably depending on the crime in question.
  • Flag-mariim Mari'im - the law does not impose any limits, although internal police regulations require them to "regularly consult records to ensure that no accused criminal has been held for more than a year without trial". (There's no way to know if they actually do this.)
  • XochimechatlFlag Xochimechatl - most jurisdictions have rules against indefinite detention, but none have specific limits.

BailEdit

If a person would normally be detained until their trial, they may be given the option in some countries of temporarily surrendering money or other property in exchange for avoiding this. The understanding is that if they do not appear in court at the appropriate time, they lose what they surrendered, and it is assumed that this threat will ensure that the accused person does not try to flee.

Allows bailEdit

  • Flag-aethelnia Aethelnia — Bail is a possibility only under special circumstances.
  • Scwflag Shaelia — cash bail only, only for non-violent offenses.
  • StSamuelFlag St. Samuel — Bail in St Samuel is common practice for minor crimes and is usually authorised with conditions once a bail price has been surrendered to a court.
  • Flag-trinia Trinia — in theory, bail is a possibility for all accused criminals, but in practice, it is not granted for more serious crimes.
  • XochimechatlFlag Xochimechatl — all jurisdictions allow some form of bail, although usually not for people accused of more serious crimes.

Does not allow bailEdit

  • Flag-lendosa Lendosa — there is no bail, although the police may optionally grant limited freedoms.
  • Flag-portocapital Porto Capital — No bail.
  • Flag-mariim Mari'im — there is no bail.

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