Petition for Judicial Review
Posted: Sat Feb 21, 2015 3:41 am
Name: Josh Sebastian
What order or declaration are you seeking from the Pschent of Osiris?:
1. To declare the ruling of the Trial Court in Osiris Fraternal Order v. Cormac Stark as void for being violative of the State Code, and the Criminal Codex of the Osiris Fraternal Order.
2. To compel the Trial Court to adjust the sentence of the convicted individual, according to what is required by Osirian law.
Please provide a narrative of the facts which the Court needs to be aware of, to consider Judicial Review in this instance.:
A criminal case charging Cormac Stark for the crime of treason was filed and received by the Pschent. Elder Joshua Ravenclaw presided over the case. After trial on the merits, Cormac Stark was found guilty and sentenced to:
-Cormac Stark was exiled for no less than twelve months from the region. He was prohibited from maintaining any access to any nation residing inside the region of Osiris. He forbidden to hold Diplomatic or Citizenship of the Osiris Fraternal Order for a period of fifteen months, to run concurrently with his exile.
-Cormac Stark was banned from the Forum of the Osiris Fraternal Order for no less than six months.
Please give a brief summary of the legal grounds warranting Judicial Review in this instance.:
Your Honors, the Criminal Codex of the region provides that, for High Crimes such as Treason (the crime which Cormac Stark was convicted of), the guilty shall be sentenced to:
The duty to determine the penalty for guilty parties is mandated by our fundamental law. Section 4, Paragraph 4, of the State Code tells us:
The determination of penalties should be according to standards established by law.
Such, therefore, was violated when the Elder, banned Cormac Stark from the forums, from a mere 6-month prohibition, as opposed to the required 12-month sentence by the Criminal Code. It was an abuse of discretion, amounting to a lack and excess of jurisdiction.
Further, to accord Cormac Stark with the liberality of this Honorable Court, would be in gross violation of the rights of OFO citizens as enshrined in our fundamental law, the State Code.
I quote Paragraph 2, (j) of Section 5. Rights of Citizens
If it were some ordinary citizen, say John Doe, who was convicted of the same crime, would he have been the subject of the same liberality? Would he have been granted the benefit of, effectively, a commutation of sentence, even if he was not a former Deshreti, Pschent Elder, Hedjet Scribe - or even, Pharaoh?
But that aside, the more glaring point is, again, is the Court empowered to render sentence, lower than what is required by law?
To repeat Your Honors, the answer is in the negative. Nothing in our laws allows the Pschent to render a sentence lower than what is required by the Criminal Code. For sure, the Pschent may opt for either, the minimum, the maximum, or any length or duration in between. But never higher or lower than what is required, as what has been done in this case.
What order or declaration are you seeking from the Pschent of Osiris?:
1. To declare the ruling of the Trial Court in Osiris Fraternal Order v. Cormac Stark as void for being violative of the State Code, and the Criminal Codex of the Osiris Fraternal Order.
2. To compel the Trial Court to adjust the sentence of the convicted individual, according to what is required by Osirian law.
Please provide a narrative of the facts which the Court needs to be aware of, to consider Judicial Review in this instance.:
A criminal case charging Cormac Stark for the crime of treason was filed and received by the Pschent. Elder Joshua Ravenclaw presided over the case. After trial on the merits, Cormac Stark was found guilty and sentenced to:
-Cormac Stark was exiled for no less than twelve months from the region. He was prohibited from maintaining any access to any nation residing inside the region of Osiris. He forbidden to hold Diplomatic or Citizenship of the Osiris Fraternal Order for a period of fifteen months, to run concurrently with his exile.
-Cormac Stark was banned from the Forum of the Osiris Fraternal Order for no less than six months.
Please give a brief summary of the legal grounds warranting Judicial Review in this instance.:
Your Honors, the Criminal Codex of the region provides that, for High Crimes such as Treason (the crime which Cormac Stark was convicted of), the guilty shall be sentenced to:
Your Honors, the law is very clear. The sentence for a guilty party is a 12-month regional AND forum ban, as a minimum. Nowhere, does it limit the 12-month rule, to either just a regional ban, or forum ban. The minimum period is for both. Further, nowhere is there mention of a grant to the Pschent of an option to adjust the sentence, to a lower or higher one. The tone of the criminal code is not re commendatory, but mandatory. There is no room for alteration, aside from a legislative enactment from the Deshret. These are not mere procedural rules which may be disregarded. These are part of substantive law, which must be observed and enforced.Section 2: High Crimes wrote:2. High crimes will carry a minimum sentence of twelve month regional and forum ban and a maximum sentence of permanent regional and/or forum ban, revocation of citizenship, and/or permanent prohibition of future citizenship. (emphasis supplied)
The duty to determine the penalty for guilty parties is mandated by our fundamental law. Section 4, Paragraph 4, of the State Code tells us:
(emphasis supplied)Section 4: Pschent of Osiris wrote:4. The Pschent will have the power to hear prosecution of alleged criminal offenses by the Scribe of Justice or their deputy, to decide guilt or the lack of it, and to determine penalties for guilty parties according to the standards established by law.
The determination of penalties should be according to standards established by law.
Such, therefore, was violated when the Elder, banned Cormac Stark from the forums, from a mere 6-month prohibition, as opposed to the required 12-month sentence by the Criminal Code. It was an abuse of discretion, amounting to a lack and excess of jurisdiction.
Further, to accord Cormac Stark with the liberality of this Honorable Court, would be in gross violation of the rights of OFO citizens as enshrined in our fundamental law, the State Code.
I quote Paragraph 2, (j) of Section 5. Rights of Citizens
The liberality shown by the Court, reasonable and noble as it may be, however violates the equal protection clause under the State Code. The State Code does not distinguish, what has to be done if the convicted is a former Pharaoh, or just an ordinary citizen. Neither does the criminal code. What the Trial Court did, in effect, was to unfairly favor an individual who was a former Delegate, to the detriment of more ordinary folk.Rights of Citizens wrote:(j) Citizens will have the right to due process of law and equal protection under the law.
If it were some ordinary citizen, say John Doe, who was convicted of the same crime, would he have been the subject of the same liberality? Would he have been granted the benefit of, effectively, a commutation of sentence, even if he was not a former Deshreti, Pschent Elder, Hedjet Scribe - or even, Pharaoh?
But that aside, the more glaring point is, again, is the Court empowered to render sentence, lower than what is required by law?
To repeat Your Honors, the answer is in the negative. Nothing in our laws allows the Pschent to render a sentence lower than what is required by the Criminal Code. For sure, the Pschent may opt for either, the minimum, the maximum, or any length or duration in between. But never higher or lower than what is required, as what has been done in this case.