In the Colonial National Alliance, a citizen’s First Constitutional Right always takes precedence. Plainly speaking, it is unconstitutional to deny any citizen’s their free will without the abundance of proof that their actions were criminal and their potential of future criminal activities, high. That said, any allegations charged upon a citizen, must be verified and found to be unquestionably factual before their can be a conviction.
The CNA does not accept plea bargains when it comes down to accepting a plea of guilt as any crime comes with its own mandatory sentence (baring any mental illness issues that may require extensive rehabilitation). A plea of guilt alone cannot be enough for their to be a conviction the trying council must always be presented with the evidence.
The Colonial Council is charged with the duty of overseeing all court cases; however, the council can call for a special council (much like of jury) to act in their place, as the case load and other obligations may dictate. These special council shall always be made of fifteen citizens, one of which must be an elected council member.
Upon the filing of charges and arrest of an accused citizen, the accused citizen will be randomly assigned an advocate to represent them. Another advocate will be randomly selected to represent the charges. These advocates are layman citizens; as evidence must always be presented in plain speak for the record.
All evidence must be presented to the council. The Department of Forensic Investigation will present each piece of evidence they have to the court for review. All council members must unanimously agree that said evidence is factual and that it goes to prove that the accused committed the crime being charged of. If the council fails to agree, then the evidence must be dismissed…
The advocate for the accused has the responsibility of challenging all evidence presented as well and presenting any evidence in their charges defense.
Conviction or Acquittal
Factual evidence is fed into the computer; and with each piece of evidence entered into the computer, the path of conviction or acquittal is taken. This follows a series of true or false statements, leading to the determination of guilt. If by the end, the flow chart confirms guilt, then the citizen shall be taking into custody and given whatever sentence is pre-defined by the law. If the flow chart determines no guilt then the citizen shall be free to go without delay and any record of the charge shall be sealed or purged from their record.
An example would be; if a citizen was charged with the murder of his girlfriend; someone who had died from a knife wound; three questions would need to be asked and unanimously verified as factual. One. Was the accused at the scene of the incident when the death took place? Two. Did the accused have control over the instrument of death at the time the murder occurred? Three. Did the accused cause the end-of-life directly using said instrument of death?
No new charges, nor any new evidence can be brought against the citizen in the future without a special decree of the council regarding the specified incident. In other words all charges must have been made at the time of the accused trial and all evidence present in regards to the criminal act the accused was charged with. No withheld charges will be accepted at a later date regardless.