ADVENT: Organizations
The Judicial Courts
"Justice will be served as the law demands. No longer will the irrational, corrupt, and uneducated determine the outcome."
- Amalda Stein, Chief of Peacekeeper Operations
"When people condemn justice in ADVENT, I have to wonder just how much they actually know, and how much they believe because someone else told them. I find very few are worth listening to, as their major criticisms are addressed in one way or another. It is false outrage built on the sympathy of criminals."
Pause.
"I feel that there is a distinct difference in the way we view due process, and how others in the world view it. Due process to us is the procedures of criminal arrest, trial, and conviction. Due process has been ingrained in the minds of people as a list of rights for the accused that largely serve to slow, corrupt, or delay the courts."
"Sorry, I should clarify. I speak primarily of criminal arrests. Civil cases are, by and large, not affected by the changes." Short pause. "I'm aware that there is a worry that this can lead to abuse of authority. However, we have invested in means to ensure that doesn't happen. Body cameras, the Oversight Division, impartial judges; if there has been mismanagement at any level, we will find and remove it."
"No, I don't believe that the Peacekeepers have too much power. Fear, Miss Wong, works both ways. Fear prevents those who might commit crimes against ADVENT from doing so, and fear prevents our officers from abusing their authority. They know everything they do and say is watched and recorded. As several have learned, the Oversight Division will not hesitate to remove troublemakers. None are exempt from the Law."
Audible paper shuffling. "You want to move to the Courts themselves? Go ahead."
Few seconds pause.
"The reason jury trials were removed was because it was placing the outcome of extremely high profile cases in the hands of unqualified civilians. You would not have a chef repair your car, or an architect perform surgery. The idea that a collection of random civilians have the knowledge or impartiality to perform law is the height of foolishness. ADVENT does not tolerate the incompetent, nor will we allow the unqualified to pass judgement over our citizens."
"I will elaborate on this. Public perception taints cases. Judges face pressure, but most can determine the proper judgement, even if it goes against public opinion. Juries are far more swayed by opinions, personal biases, and emotions. The trials become less about facts and evidence, and more about which side can emotionally manipulate the crowd into the desired outcome. This is how rapists and murderers can walk away free. That, Miss Wong, is far from justice."
Stein snorts in disgust. "Juries have done nothing but politicize the Courts. They were a detriment and hindrance on our legal system. We arrest, put to trial, and convict. If a conviction requires more evidence, time will be devoted to acquiring it, or otherwise determining there is not enough. We do not waste time anymore on the courts. Convictions will happen in days or weeks, not months or years."
"Ah, I wondered if this would come up. I am aware that some think it is wrong for Peacekeepers to arrest a criminal, and have him be convicted the same day. I fail to see how this is an issue. The vast majority of the time there is video evidence, especially in the case of assault or resisting arrest, forensic evidence is often abundant, and there is little question of who is responsible. Tell me, what reason is there to drag out a trial any longer than necessary?"
Pause.
"'Innocent until proven guilty', one of the worst affronts to the pursuit of justice. Ah, but what if we know the defendant is guilty? Should we just pretend for the sake of show? Should we offer false hope? No. Such only applies if we truly do not know if one is innocent or guilty. It is not a blanket statement which can be applied to everything. The ones who shoot at Peacekeepers, the ones caught in the act of theft, the vandalizers and terrorists, they are not afforded the ludicrous question of 'Innocent until proven guilty,' they are just guilty."
Pause, as both shuffle in their seats. "No, I don't have any doubts. I do not lose sleep over the possibility of an innocent conviction. There are too many safeguards in place for this to be a concern. The introduction of the Arbiters further ensures only the guilty are punished. The law will be distributed fairly and equally."
"Criminal defenders? A waste of money and time. If they are arrested by us, they are guilty. They are not afforded the luxury of a defender. If they cannot adequately explain their defense to us, then they are not entitled to someone to twist and shroud the truth." Brief pause. "I believe the largest issue people have with this stems from a naivety about the world we inhabit. They believe in ideals, in values such as fairness and justice. But they do not want to bear the cost of what achieving these ideals requires."
"Justice is harsh and cold. It is served equally and without mercy. Justice cannot be achieved in a corrupt system, which we have witnessed before. One where your wealth determines your chances of conviction. One where judgements are rendered by the inept. One where public opinion holds unsettling sway over the outcome. Justice has for too long been corrupted and stifled."
"No longer. There will be justice under ADVENT, but to achieve such requires ruthlessness and stone hearts. Let the nativity of the people be shattered, this is the real world. And in the world we live in today, crimes will have punishments. Actions will have consequences. And unlike before, this time there will be no escape from them."
- Interview between Amalda Stein and Journalist Jessica Wong on the ADVENT Judicial Courts.
ADVENT has some of the strictest and most brutal laws in the world, enforced by what is perhaps one of the most ruthless law enforcement agencies in recent memory. It is not a surprise that the judicial system under the hand of Amalda Stein has a notably harsh and cold approach to the ideals of justice. There is an argument to be made that justice is merely a word used by ADVENT to justify their culling of those they deem unworthy of life.
There are a host of words which can be used to describe the Judicial Courts. Unfair, efficient, unforgiving, and final. ADVENT, to some of their credit, makes no attempt to hide that they believe this is the correct way of enforcing the law. Amalda Stein in particular makes a point to address the criticisms of the legal system, sometimes simply stating that those opposed are naïve or just wrong in their beliefs.
Along with the changes to the justice system are also those to the crimes which can be committed, which is what will be explored here. ADVENT has made the consequences for crimes clear and accessible, to prevent any excuse of ignorance. It is clear from the descriptions that ADVENT takes no half measures when imposing punishment, with liberal uses of the Manchurian Restraints, sterilization, and chemical castration included for many of the worst crimes.
This will not be all-inclusive, but will cover the major crimes most people are aware of. I will also make a note that ADVENT does not make a distinction between Human or alien perpetrators or victims. All are supposedly equal under ADVENT law.
Murder: I will clarify immediately that ADVENT defines murder as "The intentional taking of one or more Human or alien lives without acceptable cause" which is a carefully worded definition to allow for self-defense or other justified actions which result in murder – in the eyes of ADVENT at least. What is usually known as Manslaughter is a separate conviction, where the severity of the punishment depends on the circumstances of death. For reference it can be anywhere from 2 to 5 years.
Legitimate murder is treated far more seriously than manslaughter. Seriously enough that the base penalty for murder is death. It is not unusual for those convicted of murder to be executed the same day. With the introduction of the Arbiters, there is no such thing as a wrongful conviction any longer, and ADVENT never spends time on appeals of cases of this nature.
The ironic part of this is that death is merciful compared to the alternative.
If you don't plead guilty, or the body count is higher than one, then the defendant is almost certainly condemned to the ADVENT Experimentation Labs, which is exactly what you would expect. If they are exceptionally unlucky they will be sent to XCOM, which I have been told is a worse conviction simply because even ADVENT doesn't know what happens.
Those who would also attempt suicide in such situations are also dealt with. Usually they receive limited Manchurian Restraints which makes them unable to cause self-harm, and are dead men walking for the rest of their days.
The only way one can avoid death or worse is to plead guilty, and be genuinely remorseful for their actions. If they receive a lenient judge, their sentence will be a mere fifteen years, along with the convicted being sterilized and receiving Manchurian conditioning.
This should give an initial idea of how ADVENT treats their criminals.
Assault/Abuse: This is another crime treated seriously by ADVENT, and carries some of the harshest punishments. The base sentence for any kind of assault or abuse is twenty years, which rises five years per victim or a year period (Respective of the crime – if a defendant was charged with abuse of two people over a one year period, this would be a thirty-five year sentence). This can reach a maximum of forty years.
Assault is defined by ADVENT as "An unprovoked physical attack on one or more individuals causing severe or lethal trauma". When speaking of an "Assault" charge, it is important to understand that there are several different levels of assault.
The lowest level is Inebriated Assault, which is essentially when one attacks in an compromised state, such as when they are intoxicated or under the influence of drugs. This can be a very serious crime depending on the damage to the victims, or a perpetrator could simply be ordered to report to an ADVENT Drug Center for addiction. Prison is unlikely unless the trauma to others is severe, though there are usually fines, monetary compensation, and addiction rehabilitation imposed.
The middling level is Minor Assault, which is defined as "A provoked attack on one or more individuals causing minor trauma" this covers escalated exchanges, bar fights, and other instances where the perpetrator is provoked into attacking another. Note that this is not the same thing as self-defense, which is legally justified under ADVENT law. The punishment for Minor Assault depends on the trauma inflicted, though the most one can be sentenced for Minor Assault is one year in prison.
This section focuses on the highest level of Assault, which was previously defined above.
Child abuse or assault is an automatic forty year conviction.
Anything above forty years guarantees the death penalty.
Anything involving multiple children or a combination of adults and minors makes one eligible for sentencing to the Experimentation Labs.
All jail convictions include a minimum of ten years of solitary confinement – which can be broken into chunks at the discretion of the judge. They are additionally sterilized (In the event of the case involving minors or domestic abuse), and undergo Manchurian conditioning the same day they are convicted. There is speculation that by the time anyone convicted in this manner is released, they will be broken and destroyed beyond any help.
Considering ADVENT, this is likely intentional.
Theft: As far as sentencing goes, this is something that is rather light for ADVENT. Largely because the variation on sentencing can vary significantly. The range is between two to twenty years, with one having a much higher chance of getting out of the infamous ADVENT Prison System unmolested if one shuts up, admits their crimes, and cooperates.
Petty theft and bank robberies are clearly not the same thing, and ADVENT doesn't prosecute as such. Thieves are also some of the few criminals of notable crimes who are not necessarily guaranteed Manchurian conditioning, or many of the other punishments ADVENT can impose.
Rape: This is something ADVENT treats with some delicacy, as while there has been much pushing for victims to be believed when accusations are brought forth, there are also noted cases of false accusations which can destroy reputations and lives. ADVENT, until recently, has only convicted cases which have ironclad and irrefutable evidence, including forensic evidence, witnesses, and psychological interrogation.
With the introduction of the Arbiters, it is a simple matter of telepathy. The Arbiter will examine memories, and determine what has happened.
It should be noted that proven false accusations lead to the immediate arrest and prosecution of the offending party, giving plenty of incentive to not do this in the first place.
But if convicted, the punishment is severe. The minimum sentence is ten years, with five additional ones per victim (Specifically for serial rapists). Child rape or sexual activity of any kind is an immediate conviction to the Experimentation Labs.
Convicted rapists sentenced to jail time are immediately sterilized, chemically castrated, and undergo some of the most restrictive Manchurian conditioning of all crimes. This conditioning is severe enough that they are incapable of being alone with another person, cannot interact with children at all, and are made to be repulsed and sickened by any kind of sexual activity or thought, as well as displays of affection or sexuality. They are near-incapable of functioning in a society as a result.
A fate where execution would almost be preferable.
Drug Policy: In contrast with the vast majority of ADVENT law, their drug policy is bafflingly one of the most laudable and praised achievements. Under ADVENT law, drug use of any kind is no longer illegal. In theory this means that a person can use and carry dangerous drugs such as meth and heroin, and not be arrested.
But while drug possession is not illegal, unauthorized drug distribution is.
There are only a few drugs which can be manufactured and grown for public consumption, and all of them have to be approved by ADVENT. Unauthorized drug distribution centers are extremely illegal and are finding it difficult to survive under ADVENT. Because while one cannot be arrested for possessing drugs, they do have to answer questions about the source, distributor, and anything else the officer desires. If a drug is not approved, they will likely confiscate it. Refusal to answer will lead to arrest.
Chief Stein herself, after they announced their drug policy, officially pardoned and commuted the sentences of anyone who was previously convicted of a drug possession or usage charge. They also stated that anyone who had previously served a sentence was entitled to compensation depending on the amount of time served. This was universally commended, with even ADVENT's critics allowing them this one praise. It should be noted that this did not apply to drug distributors.
By targeting the drug distributors and not the users, ADVENT has found a far more effective means of cracking down on illegal drug distribution than previous governments have before.
Illegal Organization, Protest, or Conspiracy: ADVENT had made headlines in their recent crackdown of what they like to deem 'illegal protests or gatherings', which they define as the "Unapproved, or unauthorized gathering of one or more individuals for the purposes of protest, of either a violent or nonviolent nature." ADVENT places a stronger emphasis on the 'unapproved and unauthorized' as the major reasons, as there have been multiple documented peaceful protests in ADVENT.
Conspiracy is defined as "The illegal planning of violent or impactful actions against members or institutions of ADVENT or citizens". The definition appears to target those who plan vandalism or terrorism against ADVENT, and who right now primarily meet on online forums.
Most are concerned about how severe the punishments will be for this, and thankfully, they are very lenient compared to most crimes under ADVENT. However, it works on a strike system. Illegal protests will net you a warning the first time with no consequence (Assuming you follow the instructions of the officer), a fine the second time, along with ADVENT monitoring software installed on all owned devices, and up to six months of jail for a third offense.
The same system usually is also applicable for Conspiracy, but it largely depends on how far along the operation is. If it appears that ADVENT is facing a serious terrorist threat, all members involved will be arrested and sentenced to up to two years in prison. If it is merely discussion, the three-strike system will be in place with the same penalties as illegal protest.
Human/Alien Trafficking: If one is lucky (or unlucky) the lowest possible sentence one can receive for trafficking is thirty years, with a decent chance of all of them being in solitary confinement. In many cases, the conviction is either death or the Experimentation Labs. The trial usually comes after ADVENT has interrogated them to determine how to break any remnants of the remaining trafficking or sex rings.
ADVENT does not legally differentiate sex rings and trafficking rings. Both have the same penalties, as well as modifiers. Anything involving children will immediately convict all those involved to be sent to XCOM. The ones who survive and go to jail instead receive similar punishments as rapists, with moderately less invasive Manchurian conditioning. In some cases, it is arguably worse since their conditioning means they cannot interact with a non-ADVENT official in any meaningful way.
It should be emphasized that this also applies to alien trafficking rings or equivalents. If any of the mentioned rings involving aliens are found in ADVENT territory, they will be punished exactly the same as if their victims were Humans.
If there is a lesson to be taken from what is written above, it's that if there weren't enough reasons to not be a criminal, this should deter one from that path permanently. If you are unfortunate enough to be caught and convicted, there is no hope for you.
And it will follow you all the days of your life.
- Article: ADVENT Justice - Crime and Punishment by Allison Bailey
The announcement that ADVENT would be incorporating psions into the Judicial Courts was initially met with a combination of shock, approval, and rejection. The feelings to this likely depend on one's personal opinions towards ADVENT, but none are unexpected at such a pronouncement.
There were naturally many questions raised about how this would work, and what safeguards would be put in place to prevent the so-called Arbiters from exercising their authority unjustly? Would they supersede judges? Would there be enough to be used through the entirety of ADVENT? Would they be used liberally or sparingly?
ADVENT did soon detail the exact role the Arbiters would play in the Judicial Courts, and while it is perhaps one of the most influential positions in ADVENT, there are at least plenty of safeguards put in. The important pieces of information will be highlighted below:
All Arbiters receive Manchurian Conditioning: Moral questions of the Manchurian Restraints aside, no one can deny that they have their uses or are effective in what they are designed to do. I would even say that most will feel a sense of relief at learning that Arbiters are subjected to the Manchurian Restraints.
Per ADVENT, Manchurian Restraints on Arbiters are among the most restrictive and tightly programmed. ADVENT has stated that they understand that it is important that people trust Arbiters, and to do that, they could not afford to take any risks with their programming. While the exact details of the programming are not available, it is likely that they perform as ADVENT has specified.
Arbiters are used in high-profile cases: ADVENT has stated that Arbiters will only be utilized in cases where the evidence is insufficient one way or another, and at the discretion of a judge. Arbiters can also be requested by parties in trial, though also must be approved by judges. Arbiters will not be used in every case, and will not even be confined to specific areas. They will be sent as needed, and only when needed.
Arbiters are not the final judge: In an interesting subversion, ADVENT detailed that judges would actually not be allowing Arbiters to unilaterally decide the outcome of cases. Anything recovered through telepathic extraction or sensing would be another piece of evidence to help determine the facts.
What Arbiters are looking for is not necessarily the memories themselves, but other things in the memories. Details, such as where people were and what they were doing, which can be searched for more tangible evidence, actual words that were exchanged to provide transcripts of dialogue in the moment of the alleged crime, and further details such as the environment, potential witnesses, weapons used or places the individual touched or hid.
Arbiters are, according to ADVENT, meant to provide another tool for separating truth from lies, and not something they will ever completely rely on.
Arbiters are not powerful psions: ADVENT has said that almost all Arbiters rank very low on the Trask Scale of Psionic Power, with ninety percent under a rank of 20, and sixty-three percent under a rank of ten. While all are exclusively telepaths, there is supposedly not as much difficulty in reading one mind at a time, so this is an area where the less powerful of the PRIEST Division can find use in.
Arbiters are subject to handlers and direct interest from the Oversight Division: In the interest of transparency and security, ADVENT has stated that all Arbiters will have handlers appointed by the Oversight Division who will review all cases they are involved in, ensure that Manchurian Restraints are working as intended, and otherwise ensure that the Arbiters are performing their jobs to the standards required of both the Judicial Courts, and the Oversight Division.
At any point the Oversight Division can request Arbiters be suspended and reviewed, and have significant power over their deployment and usage. According to ADVENT, only the combined orders of the Chancellor of ADVENT and Chief of Peacekeeper Operations can halt an action by the Oversight Division against an Arbiter.
Requirements of Arbiters: All Arbiter candidates must have completely clean backgrounds, sufficiently train to pass certain PRIEST standards, and submit to the entirety of the Manchurian programming.
While it most certainly will not quell all fears of using psions in judicial proceedings, I can say with some confidence that ADVENT is treating the potential shortcomings and dangers seriously and putting effort into safeguards. The moment we see the Arbiters in action will be when we find out if ADVENT succeeded or failed in this task.
- Article: Psions In The Court – What are Arbiters? By Gabe Orvil
The ADVENT Judicial Courts are at first glance wholly alien and, at the same time, familiar to many people. Per statements made by both Chancellor Vyandar and Chief Stein, the Judicial Courts, as well as the overhauls to the laws and courts were to produce an accurate, legal, incorruptible, and efficient court system.
The means by which they have attempted to achieve this have been met with both praise and criticism. The critics of the Judicial Courts point out that criminals are afforded almost no civil liberties or rights, and that there isn't enough time taken on individual cases before a verdict is reached. There is worry that the government has far too much control over the Judicial Courts, and the system seems tailor made to fill the prisons quickly. The far-reaching powers of the Peacekeepers do little to quell this fear.
Chief of Peacekeeper Operations, Amalda Stein, has been credited as the architect of this system, which critics have decried as an affront to the concept of justice and civil rights. They point to her own record, public statements, and actions as proof of her hatred for criminals and relentless crackdown of dissent.
To date, Chief Stein has not only confirmed her statements, but continues to hold to her own beliefs and rationalizations. She has already pointed to the fact that the Cartels in Mexico and all around the world are being dismantled, crime is at all-time lows, cases are solved within days, and that ADVENT is the most secure area in the world.
She attributes this success to the "Deterrence Effect", which many have unofficially called "The Doctrine of Terror", as outlined in one of her most viewed and infamous essays "Crime and Punishment". While I would attribute the parallels with what she outlined in the paper with the Prison System of ADVENT, elements of it can be seen in the Judicial Courts themselves.
However, the question is what are the Judicial Courts?
This paper should provide answers.
Types of Courts: There are two kinds of courts in ADVENT – Civil and Criminal. Judges can preside over either, but both are extremely different in case matter. All cases will fall into one of these categories. Civil will handle non-criminal cases, and Criminal will handle all cases related to violent or white-collar crimes.
Civil: ADVENT officially defines civil cases as those between citizens of a non-violent, non-criminal nature. This includes, but is not limited to: Divorces, financial disputes, copyright issues, and so on. In practice these are largely unaffected compared to how they previously operated. Most sides will have one or more lawyers representing themselves.
The largest difference is that civil cases are usually resolved much quicker than normal, and Judges have become far less lenient on deadlines, and appeals are almost guaranteed not to happen when a judgement is rendered. While Judges do make decisions in a relatively short amount of time, they do need to be somewhat careful as any citizen can request the Oversight Division to review a case or judge. If fault is found with the outcome, the Judge can be permanently disbarred, creating incentive to not make rash judgements.
The Judge has some additional power in civil cases, and if there is suspicion of potential tampering or illegal activity, they can request ADVENT Intelligence monitor both parties, and both parties can also request monitoring as a form of insurance policy, especially in more dangerous situations.
However, the vast majority of civil cases play out like they have normally.
Criminal: ADVENT handles all cases where the criteria is defined as when one party alleges violent or criminal behavior for the other. This includes all violent and white collar crime, such as murder, rape, assault, fraud, and so on. There are two additional subtypes of Criminal Cases: State and Civilian.
State: This is where ADVENT faces a criminal in court. This includes all individuals who have been arrested by any branch or personnel of ADVENT, including the Peacekeepers, SSR, or ADVENT Intelligence. If one is unfortunate enough to be arrested by ADVENT, they are almost guaranteed to be convicted, usually the same day as their arrest or a day afterward.
During these trials, ADVENT will present all evidence against the person in question, usually a short and concise presentation often using witness statements, video footage from armor cams, and forensic evidence if applicable. The defendant (Or their representative if applicable) is given an opportunity to respond, but very rarely can they refute anything shown as almost all of it will be hard evidence.
In such a situation, the best thing a person facing the might of ADVENT's lawyers can do is to plead guilty and cooperate fully, as the chance of being completely cleared is almost nonexistent. This is the only way the person in question has any kind of control over the length of their sentence.
Civilian: These are cases where civilians can bring charges against another person or entity. There is no limit on who can be brought to trial, it could be a neighbor or the Chancellor herself. However, this is home to trials often involving domestic abuse, rape, manslaughter, although most extremely violent crimes are handled in State trials.
If both parties are civilian, both will usually provide or hire lawyers of their own, and the court case will proceed much like one before the establishment of ADVENT. However, ADVENT takes lawsuits against their own seriously, and if one of their own is accused, they will not provide legal support or any sort of assistance to the one accused to avoid the appearance of supporting one side.
In the event that the prosecuting party wins against ADVENT, ADVENT will usually directly speak with the victorious party about how to go forward. This will usually involve paying a settlement, and then trying the ADVENT individual in question in a military court and passing judgement. It should also be noted that if ADVENT uncovers incriminating evidence against their own, they are required by law to turn it over, something the Oversight Division keeps a close eye on.
However, those who wish to sue ADVENT should be careful not to make baseless claims. The Oversight Division has the authority to file requests to dismiss frivolous suits against ADVENT. Further infractions can lead to the offending party being arrested.
Appeals: It is possible to appeal a judgment under ADVENT, however, it should only be done in situations where one knows they are either innocent or the case was mismanaged. The Oversight Division will conduct an internal investigation, and has the power to overturn false convictions. Both convicted criminals and the losing side of civil cases can do this.
If the appeal is rejected, the Oversight Division will either extend sentences, or impose fines on the people for wasting their time with an appeal. As the Oversight Division pulls from their own forensics teams, utilizes ADVENT Intelligence, as well as utilizes Arbiters, this judgement cannot be appealed again. The severity of the punishment for abusing this system depends on the strength of the initial appeal.
Those who fill it out are requested to be as detailed as possible, and to help facilitate this, all appeal forums are four pages long, with the majority being empty space.
Extradition and International Crime: ADVENT criminal justice is primarily focused in ADVENT territory, but within it all are afforded the same protections, and also are under the same laws. There is no such thing as 'diplomatic immunity', and ADVENT will not hesitate to arrest and prosecute anyone who breaks their laws, be they diplomat, visitor, or alien.
Committing criminal activity and then attempting to flee for asylum is also inadvisable as ADVENT will send officials to retrieve the fleeing criminal. In most cases they will issue a demand to have them turned over, and if this is rejected, they will, in theory, take matters into their own hands regardless of the wishes of the government. To date this has not happened, as ADVENT knows they are in a position of power and they fully exploit it.
In a case of fraud which transcends borders, ADVENT will usually identify all of the offending people, regardless of citizenship status, and then make arrests. It doesn't matter if a company or organization is based in ADVENT territory or not. ADVENT will act and arrest the ones responsible. The prime example of this is the now-famous Purge of the Vatican.
Extradition is handled differently in ADVENT. Officials will review the request and determine if there is a valid reason to either deny asylum or refuse extradition of certain criminals in other nations. If they determine it is valid, extradition will be done promptly. If they refuse, that is it. Often a negotiation or discussion will take place before a decision is formally made.
Gender Equality: ADVENT made a very specific point to establish that males and females would be charged and treated the exact same in both civil and criminal cases. While the number of female criminals is extremely disproportionate compared to males, women do appear in civil courts with regularity. It is speculated that ADVENT emphasized this to indicate that the preferential treatment women often received in court would be ending, and with how the Oversight Division keeps a careful watch on cases and can be contacted easily, it has made judgements rendered on basis of gender become far more risky.
Role of Lawyers: The role of lawyers is almost exactly the same as always. They represent a party in a case and argue for their client to the best of their abilities. Payments are arranged between client and lawyer, with no outside input from ADVENT.
Juries and Criminal Defense Attorneys: Both Juries and Criminal Defense Attorneys have been abolished by ADVENT in their entirety. The former was one of the first announced changed by Chief Stein, with the primary argument revolving around having unqualified people have a significant influence on cases where they were vulnerable to being persuaded via emotional arguments and not facts.
Defense attorneys were abolished due to ADVENT being unable to see the purpose for criminals who were going to be convicted one way or another. ADVENT does not follow the classic interpretation of 'Innocent until proven guilty', nor do they have anything resembling Miranda Rights. They allow anyone arrested to make one phone call, and it can be to their family or a lawyer.
If they do have a lawyer, ADVENT will allow them, but they will not provide one. There are a certain number of former criminal defense attorneys still working for free, believing that everyone deserves the right to a representative, but to date there is a 0% success rate in preventing convictions.
Judges: These are the ones within the Judicial Courts who ultimately decide the outcome of cases. They are tasked with hearing cases, reviewing evidence, and delivering judgement. All judges are expected to be impartial and make decisions based on facts, and because ignoring this means potentially being arrested and convicted by the Oversight Division, most judges have sufficient incentive to make factual judgements.
Judges are appointed by either the Oversight Division, the Chief of Peacekeeper Operations, or the Office of the Chancellor. Each applicant must be approved by at least two of the three stated parties, and each of these parties can request for a review of any judge at any time. Most appointments thus far have been unanimous, with Chief Stein proposing over sixty percent of new judges, and the Officer of the Chancellor proposing the remaining forty. To date the Oversight Division has not put forth any candidates.
There is discussion on the possibility of having judges receive the Manchurian Restraints to achieve absolute impartiality, but this has so far been rejected, with ADVENT not seeing the need unless there are multiple instances of judges mishandling cases. As that has not happened, judges are still free of Manchurian programming, likely to their relief.
It is fair to say that the Judicial Courts are straightforward, effective, and cold. There is a far greater emphasis on efficiency and hard facts than similar bodies in the past, but this has come at the cost of a more ruthless and cold legal system which strips the rights of the accused and makes it difficult to correct mistakes.
People have brought into question the actual effectiveness of deterrence. ADVENT is proving that such a method is not only plausible, but effective. But this does bring up the possibility that the people aren't following the law because they want to, but because they fear what ADVENT will do to those who break it.
Viewed through the tainted lens of Chief Stein, I can only assume this is an acceptable outcome.
- Article: The Judicial Courts – An Overview, by Caleb Heinway