Law:The Vexatious Lawsuits Amendment

16RC12

The Vexatious Lawsuits Amendment

A flaw exists in the RT legal system: the Cort is obliged to decide every case brought before it, no matter how ludicrous or flimsy, or transparent. Certain persons have often attempted to harass others by misusing the Cort system in Talossa, and have prosecuted them wrongfully without probable cause and for purposes other than to bring a genuine offender to justice. So, the Cosâ hereby enacts the following. This legislation will give the Cort greater power and latitude in deciding which cases merit time-consuming scrutiny. It will strengthen our historic affirmation of the presumption of innocence until proof of guilt is obtained. This legislation is not radical or esoteric; rather, it is based upon central principles in Anglo-American law. The line "The courts shall decide all cases brought to them" is deleted from Article 79 of the Constituziun. The following text is added as Article 78a:

Art. 78a. The courts shall consent to hear no case until presented with written evidence by the Prosecution proving to a majority of court members that a good chance of obtaining a conviction actually exists. The courts, by majority vote, may refuse to hear any case, in effect confirming the defendant's (or status quo) position. A simple majority of court members is sufficient to determine whether that court will or will not hear a case put before it. Because of double jeopardy, a case dismissed may not be brought again.

Proposed by: Robert Madison (PC-Vuode)