Proposed judical system argument

[slim]

Hello,

Thanks to a member of the CC, you know who you are lol, for suggesting someone writing up a draft judical system. I discredit myself totally. This is just a sort of skeleton draft to develop a debate around. Lets hope we can solve the problems that will confront us after the revolution:

Judical system- first draft argument.

High court. Serious criminal activity. (Intentional murder, rape, treason against the people)

Crimes are to be judged by a jury of 20 present panellists, 20 around the country who have read an unbiased report written by a scribe present in court; a judge will pass a sentence according to the advice of the jury.

Intentional murder is murder that has been found as guilty by the evidence supplied. Maximum punishment to be debated. Is it as serious as worthy of capital punishment? Should there be a minimum sentence?

Rape is sexual intercourse that is not desired by the other party. Maximum punishment to be debated. Is it as serious as murder?

Treason against the people is an act of betrayal against the well being of the community eg. Fraud, destruction of public property. This crime should be defined. It is like an act against the people but that very act needs definition from those wiser than me.

The high court is local in comparison to what we think in terms of now. Perhaps every city has a high court building.

Middle court. (Manslaughter, other acts that in a local court would be affected by emotions and bias)

Manslaughter is murder that is not proven to be intentional. May be accidental or affected by the stress under which the person had no alternative than to act. If the person is found to be guilty the case should be passed on to the high court. Would this be a good idea to pass on the responsiblilty to a higher authority or would it waste resources and time?

Other acts? This could be things that are affected by cultural prejudices and traditions. Therefore the judge should be a non local citizen.

Lower court. Local troubles like ownership of land. Is there ownership of land? Robbery of property. Is it possible or is all property and items public? Destruction of property. Same as above? Fighting. Offeces against the community eg unsafe drinking and driving. More ideas?

[redstar2000]

I would discourage this kind of discussion if I could...insofar as it represents an attempt to re-fashion existing bourgeois institutions for "use" in a post-capitalist society.

It seems to me quite probable if not inevitable that the very concepts of "crime", "justice", "trial", etc., will be so different from what we have now as to be almost unrecognizable.

Sure...we can speculate freely -- I've done so myself. But I think it's pretty certain that what people will do in the period of revolution and beyond will be far more radical than simply draping some red flags over what exists now.

http://www.websmileys.com/sm/cool/123.gif

[Nothing Human Is Alien]

But I think it's pretty certain that what people will do in the period of revolution and beyond will be far more radical than simply draping some red flags over what exists now.

Let's hope so!

[slim]

Hope, dreams...

Lets change it now! You want it different so you make it different!

Noone will do it for you. Lenin, Marx, Engles are all gone. We are the generation that has been given the hard task.

[anomaly]

I've said previously in another another thread that I think 'justice' in communism will become far simpler. We will need no 'high court', we will need no lawyers. A jury will be randomly selected, and the individual charged with commiting a crime shall defend himself, present his own allibies (not sure on spelling there), witnesses, etc. Those who said he committed crime will then present their case. The jury will then decide, and, like today, a unanimous decision will be neccesary.

Of course, as redstar pointed out, this is all mere speculation...those in communist society, I am confident, will create a system of justice that works for them.

[poster_child]

I think an ideal system would be system somewhat like the native americans'. There would be a moderator with the victim and his or her family, along with the accused. They would all come up with a fair punishment, that all parties can live with. This is only when the person accused pleads guilty of course, but it is a good place to start.