People of the Republic of Atlasia v. Snowstalker

[Bacon King]

The office of the Attorney General hereby charges Snowstalker with Rebellion, Aiding of a Rebellion, and Terrorism under the terms of the Re-Consolidated Criminal Justice Act (R-CCJA).

Here are the legal definitions of the charges:

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For public convenience, here is Article III, Section 2 of the Atlasian Constitution, which governs trials:

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Here are the R-CCJA's rules regarding admissibility of evidence:

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Pursuant to the above, I request that the Supreme Court promptly assign a Justice for this trial, empanel a jury as legally required, and to propose a manner I may submit evidence so that the Justice may determine its admissibility.

[Snowstalker Mk. II]

I may be "guilty" of the hollow bourgeois "crimes" laid out by the reactionary prosecution even before they have bothered to capture me (The Atlasian working class has cut Manhattan off from the rest of New York in preparation for Operation Tsaritsyn and the captured Minuteman III will be launched whenever the first Atlasian Republican troop sets foot on the island), but then so are all the workers, farmers, students, parents, brothers, and sisters who gave their support to the Revolution. Guilty, then, are those who burned down that den of criminal parasitism, the New York Stock Exchange, and erected the Red Palace over its ashes. Guilty are those who seized their workplaces and begun the process of transforming New York's economy into a democratic and socialist economy. And guilty are those who provided aid and comfort to the valiant urban warriors who opposed the tyranny of the treacherous Tyrion and the Teutonic liar Cranberry. If I am captured I have no intention of challenging the accusations against me, for I have committed all of them. But I feel no shame for fighting to overthrow the rotten old regime and establish a new Atlasia, a workers' Atlasia.

[Oakvale]

This been seen.

Mr. Attorney General, the Constitution requires that a jury be empaneled from the population of the region in which the alleged offences in question were committed. While this seems like something of an oversight on behalf of the framers given the national implications of the issue at hand, in what region would you allege said offences were committed?

[Bacon King]

I may be "guilty" of the hollow bourgeois "crimes" laid out by the reactionary prosecution even before they have bothered to capture me (The Atlasian working class has cut Manhattan off from the rest of New York in preparation for Operation Tsaritsyn and the captured Minuteman III will be launched whenever the first Atlasian Republican troop sets foot on the island), but then so are all the workers, farmers, students, parents, brothers, and sisters who gave their support to the Revolution. Guilty, then, are those who burned down that den of criminal parasitism, the New York Stock Exchange, and erected the Red Palace over its ashes. Guilty are those who seized their workplaces and begun the process of transforming New York's economy into a democratic and socialist economy. And guilty are those who provided aid and comfort to the valiant urban warriors who opposed the tyranny of the treacherous Tyrion and the Teutonic liar Cranberry. If I am captured I have no intention of challenging the accusations against me, for I have committed all of them. But I feel no shame for fighting to overthrow the rotten old regime and establish a new Atlasia, a workers' Atlasia.

Given that this communication demonstrates the defendant's ability to participate in court proceedings, I propose that this indicates he can capably "be informed of the nature and cause of the accusations against him", and "be confronted with the witnesses against him", and possesses the capability to "obtain witnesses in his favor"; therefore this trial can proceed regardless of any capture or arrest. Furthermore the punishments allowed to this court (i.e. bans on officeholding and voting) do not require his "physical" presence.

[Bacon King]

This been seen.

Mr. Attorney General, the Constitution requires that a jury be empaneled from the population of the region in which the alleged offences in question were committed. While this seems like something of an oversight on behalf of the framers given the national implications of the issue at hand, in what region would you allege said offences were committed?

I would submit that the Northeast is the most proper venue, given that according to SOIA reports the territory controlled in his rebellion was within that region, although I believe any region would suffice given the nationwide nature of his attempted rebellion.

[Oakvale]

Official Atlasia Supreme Court Release
Nyman, DC

People of the Republic of Atlasia v. Snowstalker

The Supreme Court of Atlasia has discussed this matter and designated Associate Justice Oakvale to preside over the trial of Snowstalker, who stands accused of three Acts of Treason by the Attorney General.

The Court reminds the defendant that he has the right to legal counsel as guaranteed in Art. III, §2 of the Constitution. If he wishes to waive this right he should inform the Court of this.

These proceedings shall be governed according to  Art. III, §2 the Constitution of Atlasia, in conjunction with the Re-Consolidated Criminal Justice Act (2013).

The details of the trial will be announced as soon as the Attorney General and Mr. Snowstalker have been informed of the proceedings.

[Oakvale]

A criminal case requires a jury as empaneled according to the relevant regional law. As the Northeast lacks a specific act relating to this, federal law took precedence - a jury of five impartial jurors is required.

To select this jury, a standard method was used - a number was assigned to each citizen of the Northeast region as registered in the Census Bureau, with the exception of Averroes Nix, who has left the region but not yet been formally noted as such in the census posts, and then a random sequence of numbers in this range was generated using random.org's random number generator.

The results of this random selection were:

Dallasfan65
Barnes
IceSpear Bore
Nathan Chairman Sanchez
Afleitch

I will be contacting those selected to confirm whether they are willing to serve, and if they are not, a replacement will be selected using the same method. I will entertain any serious objection to the credibility or impartiality of these jurors from either party.

[afleitch]

I'll serve.

[IceSpear]

I'll serve.

[rpryor03]

I will not serve as a Juror if asked, as I will most undoubtedly vote for a guilty verdict.

[#CriminalizeSobriety]

I'll serve.

[Simfan34]

I will not serve as a Juror if asked, as I will most undoubtedly vote for a guilty verdict.

No one asked.

[Snowstalker Mk. II]

As defendant in this case I demand that juror IceSpear be replaced. Even assuming that his placement was not a deliberate attempt by Cranberry's tyrannical government to force a guilty verdict (after all, I have no proof that random.org was actually used), he cannot remotely be "impartial".

[Oakvale]

You have my assurance that the jury selection was random. The President has had no input. I did have to run the random.org sequence generator twice, since the first time I had mistakenly used a voter pool that included Averroes (his registration not have been updated on the main voter roll).

However, I said I would take any reasonable complaint into consideration, and will consult on your objection.

[Oakvale]

After consideration of the defendant's complaint regarding the objectivity of juror IceSpear, I have upheld the complaint. bore has been selected to replace him.

[bore]

I'll serve.

[Oakvale]

If I don't hear from Barnes and Nathan by Tuesday they'll also be replaced.

[Barnes]

Terribly sorry about not popping in earlier, I am perfectly able and willing to serve.

[Atlas Has Shrugged]

I'm willing to register in the Northeast and serve if need be. Snowstalker deserves a fair trial and I am willing to help in giving him one.

[Oakvale]

Nathan has been replaced with Chairman Sanchez due to inactivity.

The jury is now full, and the trial can proceed.

[Atlas Has Shrugged]

I accept my seat on Jury.

[Chancellor Tanterterg]

I'm willing to register in the Northeast and serve if need be. Snowstalker deserves a fair trial and I am willing to help in giving him one.

Is there any legal precedent for jury selection working in this manner?  I could be wrong, but doesn't Nathan's replacement need to be selected randomly?

[Oakvale]

Oh good, an oath. I hate law. Jurors, please all repeat the following -

"I swear (or affirm) that I will well and truly try the matter in issue between the parties, and give a true verdict according to the law and evidence, so help me Dave."

I'm willing to register in the Northeast and serve if need be. Snowstalker deserves a fair trial and I am willing to help in giving him one.

Is there any legal precedent for jury selection working in this manner?  I could be wrong, but doesn't Nathan's replacement need to be selected randomly?

To answer to your second question is "no". Sanchez is, to all appearances, impartial and willing to serve which is more than can be said for most eligible citizens. The answer to your first question is "yes, there is".

e: Loathe as I am to justify the pragmatic decisions of this Court to the citizenry on technical grounds, here is your requested legal precedent -

I'm hereby dismissing Frodo as a juror on the grounds of inactivity and have selected a replacement: Purple State. I have sent him a PM to report to the courtroom and swear in as soon as he is able, and the trial can begin.

[bore]

I swear that I will well and truly try the matter in issue between the parties, and give a true verdict according to the law and evidence, so help me Dave.

[Atlas Has Shrugged]

I swear that I will well and truly try the matter in issue between the parties, and give a true verdict according to the law and evidence, so help me Dave.