Judges
Federal Judges (Supreme Court in the U.S.) will be appointed by the State Representatives not the President as it is done in the U.S. Politics, or a Political Party, should not decide who will judge over the people. The Federal Judges duties will be similar to the U.S. Supreme Court Judges. However they will not Make Law or Change Law. They are to interpret the Constitution and Laws of the Republic of New America fairly with malice to none, according to the Oath they took.
There will be 9 Federal Judges. Each Judge will be nominated by a State Representatives. The House of Representatives will vet this Judge and have an up or down vote to decide his or her fate.
This procedure will be repeated until all 9 Judges are seated. This procedure will be repeated as judges retire.
No Federal Judge can serve more than 7 years. No lifetime judges as in the U.S.
The House of Representatives can remove any Federal Judge with a 70% vote.
State Judges will be selected using the same procedures but will be selected by the Statesmen of that State in which the Judge will preside. Each State will choose the number of Judges needed. It is up to the State to decide how long their judges will serve and under what grounds a State Judge can be removed.
There will be no local judges. When a judge is needed at the local level the State will assign one of the State Judges to the local case. I do this because I do not want any local authority appointing a judge that might be favorable to that authority.
Law Suits
If a law suit is filed and the person (plaintiff) who files the lawsuit loses that person is responsible for his/her court cost plus the court cost of the accused (defendant). The amount the plaintiff pays cannot be more that what the defendant would have paid. All court cost must be stipulated before the start of the trial. Court cost is the total cost of going to court (court fees, legal fees, etc.). These fees must be reasonable. This is to be determined by the Judge.
Some will say that no one will file a lawsuit because of the cost if that person loses. I say, before filling this person must convince a lawyer that he/she has been wronged. If there is a strong enough case, most lawyers will take the case, for a percentage if he or she wins and be responsibility for legal fees if he or she loses. These law suit rules also apply to any lawsuit (public, private, business, company, corporation, etc).
The Republic of New America's position on crime
The punishment of criminals has been debated since civilization began. Many countries such as England and France send their harden criminals to remote locations to protect the masses. Local tax payer supported prisons is another method of dealing with criminals but this punishes those who are innocent (the tax payers). Why should good law abiding citizens pay for the lodging, food, cable television, recreation, etc. of criminals? They shouldn't! These criminals should earn their own livelihood. Unlike in the U.S., criminals in the RNA will build their own lodging, grow their own food, and have no cable television, weight room, or library. Radios are ok. A mobile, book mobile will arrive weekly for book checkout. With a 12 hour per day work schedule they will get a lot of exercise and a chance to learn how to make a living upon release (if released).
The RNA’s three categories (CAT) of crime
CAT I: These are crimes of *Misdemeanor. The convicted person will be require to pay a fine, If the person convicted of the misdemeanor cannot or will not pay the fine the convicted person will be allowed to remain home but must perform community service for 4 hours per day before or after his or her regular job shift or for 12 hours if this person has no job. This will be repeated until the hour requirement decided by the court is met. If the convicted person refused to perform community service or pay a fine he or she will be treated as a CAT II criminal.
CAT I crimes will be handled at the local level by the communities the crime was committed in. A judge appointed by the State will travel to said community (Town/City) to hear both sides. The judge's decision is final; if found guilty, the accused will pay a fine or perform community service in the amount of hours assigned by the judge. Law enforcement in said community will monitor the task until completed. The accused can only be assigned public work. Private work is prohibited. The State DA has the responsibility to ensure the accused is not mistreated or abused. Hard work is not abuse. The DA should make sure all hours assigned is worked. A work waver signed by the convicted person will be required to protect the community (law suits).
*Crimes that are considered misdemeanors are disturbing the peace, shoplifting, littering, petty theft, speeding, traffic violations and trespassing. When there is no violence involved. Plus public drunkenness when there is no DWI or violence involved. Other misdemeanors crimes can be added by the local government as needed.
CAT II: These are crimes of muggings, robbery, rape, and other violent crimes without death to the victim. Once found guilty of these crimes the convict will be required to perform hard labor for 12 hours per day for the length of the sentence. These convicts will do public work projects under guard. The convicts that cannot be trusted outside of the fence will work in the chow hall, laundry, and other duties necessary to keep the prison running. An escape will be treated as a second CAT II crime. This person will have 2 CAT II crimes shown in his or her records.
CAT III: These are crimes of first or second degree murder. People convicted of these crimes will be in Prison for life. Escape from prison will be punished by death. *Hideous crimes will fall under this category also but the criminal may be imprisoned or put to death. The jury will decide this. The person put to death will have his/her vital organs removed so that others will live. Now this is justice. Here is a person who brutally murdered another person and broke many hearts. In life he/she was evil and took lives but in death lives are saved.
CAT II and CAT III crimes will require a trial with a lawyer (one representing each side), a judge appointed by the State, and 9 jury members. The RNA and the attorney for the accused will rely heavily on forensic to prove guilt or innocence of the accused. This is why finger prints and DNA are required for each citizens of the RNA. With everyone's finger prints and DNA on file I hope those with an evil heart will think twice before committing a CAT II or CAT III crime. Those found guilty of committing a third CAT II crime will be punished as a CAT III criminal. In the U.S over 60% of all crimes are commuted by repeat offenders. These criminals usually get an early release. They commit the same or worse crimes over and over again, against good citizens and never get a more severe punishment, if punished at all. This will not happen in the RNA.
There will be one prison in each State ran by the Federal Government. Each prison will house both CAT II and CAT III prisoners separated at all times by an electrified fence. Both sides of the prison will consist of a tent city (lodging), chow hall, laundry and latrine. The boundary of the prison will have electrified fences and guards authorized to shoot.
Any CAT II or CAT III prisoner attempting to murder or murders another prisoner or guard will be put to death. There will be wireless cameras with audio everywhere. The State will send a Judge to the prison to view the video and hear the evidence. The Judge's decision is final. These cameras will not only keep the prisoners in line but the guards also. They will help keep peace and order in the prison. Prison rooms/tents will be lighted at all times so the cameras will see all that goes on. These people lost their privacy when they committed CAT II and CAT III crimes.
While I am on this subject everyone in the RNA will be responsible for his/her actions (The Rich, the Poor, everyone no exception). We will not accept any excuse such as: It's substance abuse's fault, it's my parent's fault, it's society's fault, it's Bush's fault, I am crazy, or the devil made me do it. Regardless what made you do it, you did it!
First-degree Murder
First-degree murder is the most serious class of murder. The defendant kills with premeditation, deliberation and some element of malice. In practical terms, a prosecuting attorney must prove that the defendant planned to kill his victim and was aware that his actions would result in the victim's death.
Second-degree Murder
Second-degree murder is killing without premeditation or deliberation. It's clear that the defendant intended to harm the victim, but not that he intended to kill him. Second-degree murder charges often arise after a defendant intended to assault a victim, but ended up killing him.
Third-degree Murder
Third-degree murder is sometimes referred to as manslaughter and can be defined as a killing that does not involve malice aforethought.
Note: A crime of third degree murder could be tried as a CAT II or CAT III crime depending on the circumstances. This is to be decided by the Judge presiding over the case. Sometime when people are killed is has to be determined if it was an accident or murder. This will be determined by the DA of the State the person was killed in.
* Hideous: horrible or frightful to the senses; repulsive; very ugly; shocking or revolting to the moral sense; sickening; mass murder; or terrorism.