For Council Vote (4.VII.488)

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TheOneWhoKnows
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For Council Vote (4.VII.488)

Post by TheOneWhoKnows » Thu Jul 05, 2018 12:02 am

This councilman seeks to petition the following annendums and clarifications to the books of Drachean Law.

A Yay or Nay is available for each motion.

1.) Under no edicts are magistrates availed the option of summary trial, instead, this "tradition" is entirely without merit and directly infringes upon multiple rights of citizenry under various edicts of Drachean Law. This motion has been put forth to specifically outlaw summary trials and prevent the gross violation of rights that this "tradition" continues to plague our citizenry with, rather than allow it to continue until the inevitable charges of abuse are filed and found supported by Drachean Law.

2a.) This motion seeks to ensure that, during criminal investigations and actions in the field, that Civic Guards take prominence and jurisdiction on scene. The concept of magistrates taking to the streets and metting out justice is a holdover from the days when Drache was a frontier town frought with accompanying shortcomings. However, Drache is now a city of merit, and the jewel of Transdariania, our magistrates are members of the judicial branch, their efforts in this regard are rendered obsolete by our members of the Civic Guard, with whom we have invested as the responsible parties in intervening in criminal conduct, investigating criminal cases, and securing crime scenes and potential law breakers into the hands of magistrates to be brought to justice by court. As such, all in-field jurisdiction of Civic Guard members shall supercede magistrates on all matters.

2b.) Magistrate, if necessary, may be deputized in emergency situations, however, it shall remain under the jurisdiction of the highest rank Civic Guard member on scene.

3.) The Royal Church is afforded extraordinary protections under the laws of Drache equal to that of governmental bodies and exceeds that availed to citizenry. Availing a single religious body, unconditionally, with the Duchy's protection and dismissing this protection to other religious bodies is immoral and unconscionable. This motion seeks to revoke these extraordinary rights and reduce them to the rights availed to other citizen and commercial entities, and to be treated as no more and no less than every other free citizen and religiously affiliated organization in the land.

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Re: For Council Vote (4.VII.488)

Post by TheOneWhoKnows » Thu Jul 05, 2018 12:03 am

Councilman Uzzo offers the following votes of Yay and Nay.

1.) Yay

2a. ) Yay
2b.) Yay

3.) Yay

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Re: For Council Vote (4.VII.488)

Post by Lucidaer » Thu Jul 05, 2018 1:20 pm

Lady Annanistael moves for a motion of yay on all accounts.

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Re: For Council Vote (4.VII.488)

Post by GirlElf » Thu Jul 05, 2018 1:28 pm

Arms Lieutenant Branth ul-Alathar Mitrod votes yay on all counts, emphatically.

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Re: For Council Vote (4.VII.488)

Post by laytrayin » Thu Jul 05, 2018 2:27 pm

Floxod Aridia Vloress votes yay on all counts
Because I am one with the taker of life, and I love pain and suffering, misery and death as it loves me. These are things I am not willing to give up, if death is release then let it never find me so I may live long and suffer much.

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Re: For Council Vote (4.VII.488)

Post by Azalea » Fri Jul 06, 2018 12:07 am

1) Nay. The magistrates will be meting out punishment regardless of when it is done. There is no need to lock up the individual until trial if the magistrate is on hand, witnessed the act, and is willing to declare the punishment right there. This seems just an excuse to prolong jail time which is at the governments expense.
2a) Nay. Magistrates outrank the civil guard and do we really want civil guard ordering magistrates around? Do we really want green civil guard recruits ordering around magistrates? It sets a bad precedent in my opinion.
2b) Nay. I have no issue with the magistrates being deputized, but having all civil guards outrank them is ridiculous.

I realize I have already been outvoted, but I think the rest of you should rethink giving the civil guard the power to ignore all rank on the streets except their own civil guard rankings. This may have ramifications you are not considering.

3) Yay.

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Re: For Council Vote (4.VII.488)

Post by TheOneWhoKnows » Fri Jul 06, 2018 12:46 am

1.) Motion Passes: 4 Yay, 1 Nay: Summary Trials shall hereby be codified as illegal and classified as an infringement upon a citizens rights. Magistrates attempting to carry out this "tradition" shall be held accountable to the full extent of the law as an abuse of their position.

2a.) Motion Passes: 4 Yay, 1 Nay: Members of the Civic Guard shall not be hampered nor harassed by magistrate concerning jurisdiction on active crime scenes, active criminal pursuit, securing of crime scenes/suspects and all other in-field criminal investigative matters.

2b.) Motion Passes: 4 Yay, 1 Nay: Members of the Civic Guard, if warranted, shall be able to deputize Magistrates to assist in-field efforts pertaining to active crime scenes, active criminal pursuit, securing of crime scenes/suspects related to these matters.

3.)Motion Passes Unanimously, 5 Yay, 0 Nay: The Royal Church shall hereby have its extraordinary and excessive protections under Transdarianian law revoked and reduced to that of any other civilian or religious organization.

Councilman Uzzo hears Councilwoman Cecilia's concern, and would like to note that the Edicts of Transdarianian Law are quite clear on the duties thereof of both Magistrates and members of the Civic Guard. The only individuals that seem unaware of the extent of their lawful duties appears to be the Magistrates treating Drache as the wild, untamed frontier instead of the progressive city it has become. Magistrates are there judiciary branch of law enforcement, while Civic Guard are an organized civil force for maintaining order, preventing and detecting crime, and enforcing the laws of the land, so that criminal elements can be brought before the Magistrates and receive the appropriate sentencing for their suspected crimes.

The rights of Citizens are clearly specified under Edict 155 of Transdarianian Law, and shall not be be sidestepped by those that seek to abuse their positions of power, such as the right to legal representation, the right to be informed of the reasons for arrest, to be made aware of all charges against them, and to be made aware of the evidence against them before their trial in question. Summary judgements throw these rights by the wayside in favour of a speedy trial and judgement against suspected criminal elements.

If a Magistrate wishes to roam the streets to serve citizens and ensure they are safe from criminal elements, than the solution to this conundrum is simple: Resign as a Magistrate and sign up for Civic Guard duty.

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