The Justice System and You

[Tungsten]

 

Unofficial Guide to Justice and Law in San Andreas

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This guide is an unofficial explanation of how the Justice System works on LS:RP. This guide can help you determine what options your character might have in terms of interacting with the various forms of law and justice on the server.

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Introduction

 

The Justice System comprises of every step between police contact and jail or prison, including any trials, appeals, or other court proceedings that may result from a dispute. It also comprises of the steps of dispute resolution and civil law available in non-criminal issues. There are two primary divisions of the system - the Criminal system and the Civil system. The Criminal system is operated by the Executive Branch agencies and overseen by the Judicial Branch. The Civil system is exclusively operated by the Judicial Branch.

 

The Criminal System

 

 

Detainments

When a person is contacted by a peace officer, they may be considered detained if a police officer has reasonable suspicion that a crime has been committed, is being committed, or is about to be committed. A peace officer may detain a person for a reasonable amount of time to conduct a preliminary investigation, the goal of which is either to confirm or dispel his suspicions. During a detainment or investigatory stop, a peace officer may be subject to a cursory pat-down or "frisk" of his person, under Terry v. Ohio, 392 U.S. 1 (1968).

 

A person may also be removed from their vehicle, under Pennsylvania v. Mimms, 434 U.S. 106 (1977), if an officer has reason to believe there is a safety concern present on a traffic stop. This also applies to passengers.

 

Arrests

If his suspicions are confirmed, he may have probable cause to conduct an arrest. Alternatively, following a preliminary investigation, a peace officer may choose to release a person from detainment, investigate further, and obtain an arrest warrant if he later determines there is such probable cause. A police officer may ordinarily only conduct an arrest if the crime is committed in his presence.

 

A person may be arrested either custodially or non-custodially. Any offense - including traffic infractions - is eligible for a custodial arrest, see Atwater v. City of Lago Vista, 532 U.S. 318 (2001).

 

On LS:RP, if you would like to pursue a trial, you must request it by informing the officer.

 

Criminal Trials

If a person requests a trial, the District Attorney's Office will take over the charges from this point. Your character is entitled to an attorney if they cannot afford one - a Public Defender can be requested on the Judiciary Forums. Alternatively, an officer can request one for you using our private Discord server. If your character can afford an attorney, it is usually best to find one on your own - there is a list available here for anyone who wants to reach out to attorneys, and they sometimes advertise in-game or on the Classifieds or Businesses section. While a character is technically legally allowed to represent themselves (pro se) the Judge may also assign a Public Defender to serve as reserve counsel for such defendants. If a person demonstrates incompetency to defend themselves in court, or an inability to adhere to the Rules of Court, the Judge may relieve the person of their ability to represent themselves.

 

With an attorney, your character will then be able to decide how they would like to plead to the charges. There are many options, however in general if they are requesting a trial your character will be pleading not guilty. Working with an attorney, a person may perform depositions, gather evidence, and is entitled to see all of the evidence held by the state during pre-trial motions. In looking at the evidence, a person may decide to change their plea to guilty or to proceed. There are also other options such as pleading "no contest" or submitting an "Alford plea", which is pleading guilty but maintaining innocence (which preserves the right to a future appeal), per North Carolina v. Alford, 400 U.S. 25 (1970).

 

In a Criminal Action, the burden of proof is upon the state to prove beyond a reasonable doubt that a person has committed the offenses as defined by statute. This standard requires that a fictional "reasonable person" would not doubt the guilt of a person. If there is doubt as to whether the person committed the charged offenses, the person must be found not guilty as the state failed to prove the offense. It is possible for a person to be factually guilty but legally not guilty - this happens when the state fails to meet their burden of proof before the court.

 

From this point, this guide can be helpful in navigating the process of a trial.

 

Criminal Appeals

If a character is found Guilty, they have the right to appeal at least once to a higher court to review any questions of law that may arise. On Appeal, a person must have an attorney. An appeal addresses specific types of issues and is not simply an opportunity to re-try the case in full. The Appeals Court will usually hear only matters where there is an accusation of an unfair trial, and the burden of proof will be on the original criminal defendant (and his counsel) to prove. At this stage, there is a presumption of guilt since the person has been adjudicated guilty.

 

Some reasons for an appeal might include:

• The Judge didn't allow certain evidence (or witnesses) into the trial, which may have affected the outcome.
• The Judge used his discretion in an abusive manner, and affected the outcome of the trial.
• There was unlawful evidence introduced to the trial, and the Judge should not have allowed it in.
• The Judge reached an incorrect ruling, legally-speaking.
• The Judge reached conclusions of fact that no reasonable person could have reached.
• The Judge demonstrated bias or unlawful discrimination.

 

An appeal can result in many outcomes:

• The Appeals Court could uphold the verdict.
• The Appeals Court could dismiss the appeal, with or without hearing arguments.
• The Appeals Court could modify the decision of the lower court, such as changing the sentence.
• The Appeals Court could grant a new trial and remand the case to the lower court for re-trial.
• The Appeals Court could dismiss the verdict entirely, vacating the person's criminal charges.

 

 

The Civil System

The Civil System comprises of the resolution process for civil wrongs between two private parties. This can be sometimes as simple as an injury, or as complicated as a disputed business transaction or contract. If it doesn't fall within the Criminal System, it probably makes more sense as part of the Civil System.

 

Lawsuits

If a character has been harmed in some way - physically, financially, emotionally, etc. - they can file a Civil Action in the Civil Division of the Superior Court. Before proceeding to trial, the Judge will often require that the two parties engage in a conference to discuss the matter and attempt to reach some kind of resolution. This may be formalized as a process of mediation with a neutral third-party such as another attorney. If the dispute cannot be resolved this way, it may proceed to Litigation where the parties will argue before a judge both sides of the case. Ultimately, after each side argues their case, the Judge will decide on the matter and issue a ruling.

 

In a Civil Action, the burden of proof is upon the Plaintiff to prove with a preponderance of the evidence that some entitlement was withheld, a tort was committed, or a contract was breached. A Preponderance of the Evidence, in short, means that the evidence must show that it is more likely that the Plaintiff is correct than the Defendant.

 

Appeals

Sometimes, a character may not like the outcome of a civil case and could seek to escalate the matter. A Civil Appeal is much like a Criminal Appeal, since it seeks to address Questions of Law to ensure the court of first instance fairly adjudicated over the matter.

 

Other Civil Actions

There are other kinds of Civil Actions, not all of which are used on LS:RP. These include Tax Court, Civil Commitments, and other types of administrative hearings.

 

Edited July 13, 2023 by Tungsten