15. Judicial System Official Policy
Magistrates and Judges appointed by the Law Society in cooperation with Parliament, but not selected by Parliament. Selected by the Governor General, or President in cooperation with Parliament. The G.G. is accountable to God and the people to judge fairly and competently, and could be called to task by the people and God for his decisions, and may be required to explain his decisions to Parliament.
Levels of Judiciary in the House of Israel
1. Lower Courts
Magistrates, who will handle the majority of cases, also includes family courts.
Provincial Judges, who handle the more difficult cases magistrates couldn't handle.
2. Federal Court
This is the old Supreme Court of Canada and the United States, which is renamed the Federal Court. It will be the same as in 2016, but it won't have the final say, and could not make laws - the Governor General would have the final say.
3. Governor General
The only judge in the House of Israel (both North and South House of Israel), who has authority to make laws is the GG. The other Judges are only there to interpret the constitution, and follow the constitution, when making judgments.
Only the G.G. has authority to declare a law unconstitutional, or invalid - but after his death, impeachment, or if and when so incapacitated he could no longer do his job - this job will be done by only the Federal Court.
The President would not take over the role of supreme judge after the GG is gone. That position would end when the GG is gone. The Federal Court would then become the Supreme Court of the nations of North and South House of Israel.
Appeal System Those who feel they have not received justice could appeal a Magistrate's or Judge's decision regarding their case to the next level in the Judiciary all the way to the Supreme Judge, or Supreme Court, if they wanted, and if the appeal was accepted. Frivolous appeals designed to clog up the Courts will be rejected outright.
Parliament will determine other rules regarding appeals. There has to be a balance between the rights of the individuals to appeal, if they feel they have been wronged - and the need to streamline the courts.
The Appeal System will be streamlined during the 5 year phasing in period by the Governor General in cooperation with the Judiciary and the Justice System.
16. Swift Justice
Police under the new constitution will have authority to handle cases of compensation on the minor level, but people who are not satisfied with the judgment can appeal to the Magistrate ordinarily in charge.
Police have to operate within the laws, but under the new constitution will be given authority to exercise judgment in the myriad of minor property offences, and compensation involved in minor property offences. No kickbacks or fees involved.
Parliament in legislation shall spell out where the Police's authority begins and ends.
Officers, who are specifically selected for the role, are required to undergo training to carry out their added responsibilities. Those authorized to do this work will be paid extra. Extra pay determined by Parliament.
Police involved in taking bribes and kickbacks removed from their positions. If too much abuse of this system is found then the entire policy cancelled.
17. Lawyers The House of Israel will not be run by Lawyers.
People charged with crimes can represent themselves in court, if they want to.
Obstruction of justice charges can be laid against Lawyers by ordinary citizens, but not by Judges.
What Would Constitute Obstruction Of Justice ?
18. Crime and War On the Streets (this essay is just a non-foundational preamble to the aims and objectives of the House of Israel Judicial System)
We will have as few laws as possible in order to maintain peace and order. However, those few laws will have sharp teeth and be enforceable and be enforced. Police given authority to get tough with law breakers.
The powerful deterrent of the death penalty in place for various crimes, as explained in the Constitution. Justice not only must be done, but it must be seen to be done. An important purpose in punishment is to encourage the ordinary law abiding citizens. If lawbreakers are not punished consistently, those keeping the rules may get discouraged, and feel cheated. Fewer and fewer of them will keep respecting the laws.
Our policy of executing habitual criminals should put a big brake to runaway crime. Too much police time is spent chasing, catching and re-catching repeat offenders.
The back of the drug trade and prostitution broken by the policy of executing big time drug traffickers and those involved in serious cases of pimping. All kinds of violence and trouble are associated with illicit drugs and prostitution.
Now we are not going to eliminate crime. Nevertheless, we can keep it in check and keep it low. There is still going to be some crime, like murder, or bank robbery. We won't be able to create a New Jerusalem, so people need to stop having utopian visions concerning the new nation the House of Israel. We cannot eliminate crime, because people have free moral agency.
Justice won't just fall down from the sky like snow. Dirt won't just sweep and clean itself up - someone must direct the broom.
We do not want a society of community spies, guardian angels, block parents and crime stoppers. We do not want our every move monitored by cameras and other electronic devices. We don't want our homes and businesses patrolled by vicious watch dogs, with bars on the windows, security lights, with doors and windows bolted. We do not want to install expensive business and home security systems, which cause us more problems then they do the crooks. We don't want to always be locking and unlocking almost everything like our bicycles, homes, cars, and so on.
Just laws which are enforceable and enforced fairly, liberate us. They protect us from cheaters, and maintain peace and order. The only time laws become a yoke of bondage is when there are too many of them and they aren't enforced fairly.
We don't want the law of the jungle in the House of Israel, where everyone tries to eat someone else. We want a fairly just society and are prepared to do what it takes to get it.
18a) Getting Tough On Crime and Very Tough On Organized Criminal Gangs
Capital punishment for those convicted of big time drug trafficking. The Governor General determines what big time drug trafficking is, with overseeing by Parliament to insure a just law.
Legal for individuals to grow their own personal supply of marijuana for medicinal purposes. Rules determined by Parliament.
Simple possession of marijuana decriminalized - as long as trafficking wasn't involved, and as long as the amount of marijuana in possession of the individual was small - as determined by the Judiciary.
Illegal drugs not tolerated in our prisons, unless required for drug addicts in withdrawal and suffering withdrawal symptoms, but prolonged use by former drug addicts not permitted. Parliament passes rules in this area.
Capital punishment for those convicted of serious cases of pimping.
Prostitution illegal, but must be clarified and defined properly.
For practical reasons non-petty gambling legal. Illegal gambling dealt with seriously.
19. Torts, Laws and Legislation Since past governments have burdened the people with a long series of bureaucratic, useless, unenforceable laws the Governor General oversees this process. The GG also oversees the establishment of other laws by Parliament to insure the country isn't burdened by thousands of useless laws, which the politicians have saddled people with for generations. This is specifically referring to the 5 year phasing in period. Useless laws will be eliminated.
Canada in 2016 is burdened by laws which have stifled people's freedoms on every turn. Laws that free up the criminals and imprison the law abiding citizens. A pack of useless unenforceable laws, which have turned the countries homes into prisons and fortresses. Stupid legislation, which allows killers to live on at tax payers expense in luxury hotels, which are called jails.
The Governor General retains the right to initiate and pass laws, rules, and regulations through Parliament over the head of the MPs and Speaker (these rules, laws, and regulations must be thoroughly debated in Parliament first, except in times of national emergency). If this wasn't done the politicians could easily block the reforms in the Constitution - this could not be allowed for if it were the Governor General could be impeached for not fulfilling his solemn commitments. Abuse of his powers in this area can result in impeachment.
In matters of legislation, restrictions shall be in place on the GG's power, which has been spelt out in this constitution.
These matters are during the 5 year phasing in period and will end after the 5 year phasing in period is over.
Formula for reducing and eliminating useless rules and regulations. This is only allowed during the five year phasing in period.
Ministers responsible for Departments and Ministries must bring forth their recommendations for eliminating useless laws, rules and regulations, but first must consult with those individuals and parties and businesses subject to said rules, laws and regulations.
The Governor General will make the final decision after being consulted by the affected parties.
If over-regulation and excessive rules, laws and regulations should happen after the 5 year phasing period then the people must deal with the matter through electing responsible, competent governments, or through referendums. The President is also responsible to uphold the Constitution.
Democratic checks and balances are in place and citizens must assume their responsibilities to insure that " the government that governs the least is the best. "
20. Crimes Bringing The Death Penalty (those deemed insane at the time of the crime not executed)
Murdering someone deliberately and willfully.
Big time drug trafficking (this does not mean minor, petty trafficking - we are after the big fish not the shrimps).
Pimping (capital punishment for only serious cases of pimping).
Blatantly refusing to follow orders of Commanders during war. However, HI fighting forces won't be as rigidly structured as most armed forces. They can exercise more flexibility and discretion in carrying out orders. This does away with Commanders sending men to be slaughtered, and men marching into a situation where they know they will just be cannon fodder.
Citizens committing crimes worthy of death (under our laws) in foreign countries.
Kidnapping, but this doesn't include disputes among families for custody of children. Only pertains to the serious cases of abductions and not those of a minor, trivial nature, or abductions by the insane.
Capital punishment for those who perform an illegal abortion within the boundaries of the House of Israel only. This does not apply to self-induced abortions by pregnant women. Women free to get an abortion outside our boundaries and not prosecuted when returning home.
Death penalty for those who buy and sell people like property.
Habitual criminals of all kinds, but not the criminally insane.
Means of Execution
Executioners can be relatives or friends of those killed, or the victims of the criminal. They can be asked, or volunteer. If no one can be found someone in the military will do the execution.
While being executed prisoners must be restrained so they can't move and are to be blindfolded. The offender must be shot in the head and must not be permitted to suffer a long and painful death. Death must come swiftly. Military personnel must be present to insure the execution is done swiftly, cleanly and assist if necessary. Automatic guns are allowed to be used for the execution.
Rules For Determining What Constitutes A Habitual Criminal
Those who make crime a habit.
Who refuse to change such criminal habits.
Who are chronic repeat offenders.
All criminal records from before the referendum destroyed, except for those who are within the legal process. There will be a fresh beginning. This is the referendum which establishes the House of Israel. Habitual criminals given time to turn over a new leaf.
Parliament determines other rules pertinent to the situation. Any arbitrary actions or unfairness in this area can't be tolerated. Restraint exercised and people given every chance to reform themselves. Selective, discriminatory policing tactics in this area cannot be tolerated.
The unborn fetus considered a human being within our nation. The unborn child's life is protected, except when the life of the mother is put at risk by the pregnancy, and other exceptions that are dealt with in this constitution. Human life begins at conception - it is a scientific fact.
Cruel and Unusual Punishment Forbidden (excluding the means of execution for capital offences)
The following list shows some examples of cruel and unusual punishment not allowed:
Interment camps (but this won't include prisoners of war - they can be interned for sure)
Internal exile (no we won't be shipping prisoners to labour camps on Banks Island)
Abuse of solitary confinement
Depriving prisoners of water, food and sanitation facilities, except during emergency situations.
Deliberately overcrowding - completely inadequate facilities.
21. Internment and Work Camps Illegal (except for prisoners of war).
If anyone is sent to jail it has to be the result of breaking laws. Citizens have the right to a fair trial, and the right to be presumed innocent until proven guilty.
Naturally the state must maintain authority to insure peace, order, and good government.
Work not used as a means of punishment, but rather used as a reward. Work camps will be illegal. Work should be viewed as a joy, not punishment. Therefore prison factories have no place in our country.
There needs to be a system set up in our jails where prisoners through good behavior earn the right to work, or learn a skill.
There needs to be less people sent to prison, since it is very costly to maintain prisoners in jail.