Article 1.  RIGHTS of the PEOPLE  cont'd

Section 1.2.  Rights of the Accused

 

The right of the people to be secure against unreasonable searches and seizures shall not be violated, and no warrants shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

No person shall be held for a capital crime or felony, unless on a presentment or indictment of a grand jury, except in cases arising in the Armed Forces, or in the National Guard, when in actual service in time of war; nor shall any person be subject for the same offense to be twice put in jeopardy of conviction; nor shall be sentenced more than once for the same conviction; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.  Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted, including during capital punishment.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the government and district wherein the crime was committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

 
 

 

A claim of insanity shall not prevent prosecution nor conviction for a crime.

 

 

The privilege of the Writ of Habeas Corpus shall not be suspended.  The Common Government courts may hear the habeas corpus petitions of Territory prisoners as well as of Common Government prisoners.

 

 

No bill of attainder or ex post facto law shall be passed.

 

Treason against the United Territories shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment for treason, but no conviction of treason shall prevent the convicted person from inheriting or transferring property to anyone.

A person charged in any Territory with treason, felony, or other crime, who flees from justice, and is found in another Territory, shall on demand of the executive authority of the Territory from which he fled, be delivered up, to be removed to the Territory having jurisdiction of the crime.

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the Territory where the said crimes shall have been committed; but when not committed within any Territory, the trial shall be at such place or places as the Congress may by law have directed.

 

The citizens of each Territory shall be entitled to all privileges and immunities of citizens in the other Territories.  Any non-citizen holding a valid visa while within jurisdiction of the United Territories shall have all the rights stated in this article, unless declared an enemy combatant by a council of the Joint Chiefs of Staff of the Armed Forces, in which case a Military Tribunal shall perform the prosecution.

 

 

Section 1.3.  Civil Lawsuits

 

In civil lawsuits, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United Territories of Liberty, than according to the rules of common law.

 

 

The court must admit all evidence that the plaintiff received compensation aside from the damages it seeks against the defendant.

The plaintiff shall promptly file proof of litigation insurance or other assets sufficient to pay the costs of a judgment against it; otherwise, the case shall be dismissed without prejudice.

 

If a plaintiff withdraws a civil lawsuit later than 60 days after the initial complaint was filed, the plaintiff shall be liable for costs.

Fees awarded to the prevailing party in a civil lawsuit shall be limited to the actual fees, or 25% of the difference between final judgment and the non-prevailing party’s most recent written offer of settlement submitted within 40 days of the initial complaint filing, whichever is less.  

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