liberland / Constitution

Drafting the Liberland Constitution
https://docs.google.com/document/d/1RYgEHcb2oMgYJOa2MWUxe8E0aHRIgDpsiMG21MACIVg/edit#heading=h.fp3y74i7s4wi
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appeals on the question of facts #552

Closed ghost closed 8 years ago

ghost commented 8 years ago

I think this is missing:

§VI.9(10) The Supreme Court shall hear appeals from the Criminal Court on the point of fact only upon conviction in that Court where materially new information has subsequently come to light which suggests that a miscarriage of justice took place.

???

terrorist96 commented 8 years ago

I think this could be tacked on to the end of VI.9(1).

§VI.9(10) The Supreme Court shall hear appeals from the Criminal Court on the point of fact only upon conviction in that Court where materially new information has subsequently come to light which suggests that a miscarriage of justice took place.

I would remove the last part. It's so specific that a judgement call has to be made before the case has had a chance to be heard.

ghost commented 8 years ago

I will put it as (2). I think we need a high standard so there must be 'probable cause' that the new facts have any bearing on the conviction. But I open to any alternative wording.

terrorist96 commented 8 years ago

Using the word "material" fulfils that, doesn't it?

ghost commented 8 years ago

okk