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 Book 6 - The Penal Code

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PostSubject: Book 6 - The Penal Code   September 14th 2010, 23:21

Quote :
Book 6 - Penal Code

I. Crime
A. Public Disorder
i) Hoarding: The act of buying more than half of a single type of good on the market in a town, or buying a quantity of goods in order to artificially raise the prices on the market. Hoarding is a Misdemeanor crime, except in instances of shortage or war, in which it becomes a felony
ii) Robbery: A robbery is defined as any action, the goal of which is to steal the goods of someone else. This is a Light crime. A violent robbery is defined as any action, the goal of which is to steal the goods of someone else through the use of violence. Robbery is a Felony.
iii) Contempt of Court: Any act of insulting or disrupting the cases of the Court, may be held in Contempt by the Judge. Contempt of Court is a misdemeanor, and may be included with Obstruction of Justice in (6.I.A.iv)
iv) Obstruction of Justice: Defined as the act of concealing, hiding, or aiding any person who has broken a law or decree of the County of Galloway, or withholding knowledge and/or evidence of a crime that has taken place. This is a light crime, but may be considered a misdemeanor with approval from the Count
v) Assault: Defined as physically harming an individual or the attempt to do so (Failed robbery along the roads). Assault is a misdemeanor crime


B. Witchcraft
i) Witchcraft: Any individual or organization who is found trying to create life, apart from natural means (Creating multiple accounts), can be charged for Witchcraft aside from the Inquisition. Witchcraft is punishable immediately with hanging

C. Slavery
i) Slavery: Defined as any attempt to hire someone with an indecent wage. The minimum decent wage is the minimum wage declared by the concerned Town Hall through decrees, otherwise the minimum wage of the County of 14 pounds. Exceptions are made for working in the Church, working for the IMW, or working for an employer with expressed written consent by both parties. The Judge can recognize and approve a private contract that goes below minimum wage, on the condition that this arrangement was announced beforehand. Slavery is a light crime.

D. Fraud
i) Abusive Fraud: Defined as any action that has the goal to create an artificial shortage and to sell goods at a price that exceeds the tolerable social price. The existence of a municipal decree or County decree that states a cap price is a good indication of the tolerable social price. Abusive Fraud is a Misdemeanor, except in cases of shortages or war when it becomes a Felony
ii) Market Speculation: The act of buying a good or goods on the market, and reselling them on the same market for a higher price; Any goods bought in a market, must be resold in another market, or resold on the same market bought for equal or less than the price bought. Market Speculation is a Misdemeanor, except in cases of shortages or war when it becomes a Felony
iii) Tavern Fraud: Any tavern owner who collects payment on a meal providing no food (whether advertised as such or not), or collects payment on a meal providing a lesser amount of food than advertised, shall be charged with fraud. Exceptions can be made by decrees. Tavern Fraud a Misdemeanor
iv) Falsification of proof: An act of falsification of proof is defined as the creation of false evidence or modification of actual material evidence in an accusation against another individual or institution. Falsification of proof is considered to be charged at the discretion of the Judge, under the Judge's charter within the King's Edict. An act of false testimony is defined as the act of stating false information or the omission of information as testimony before the court during a trial. False testimony is treated an act of Obstruction of Justice in (6.I.A.iv)
v) Abuse of Public Goods: An act of abuse of public goods is defined as the use of a public position by a person to make himself or an accomplice richer by the use of goods belonging to a town or county. An act of economical nuisance is defined as any speculative act with the intent of personal economical gain at the detriment of the public economy.
The act of abuse of public goods and act of economical nuisance are Felonies
vi) Abuse of Natural Resources: No visiting merchant (Someone selling goods in a town of which they are not a resident) may sell a town's natural resource (Wood, fish and fruit) in that town unless the merchant can provide proof that the natural resource that he or she put up on the market was obtained through his or her own personal labour in the same town. Exception being if the Mayor or Council has approved. Abuse of Natural Resources is a misdemeanor


E. Traitorousness
i) Rebellion: An act of rebellion is defined as any action to attack the Town hall or the County Castle or the takeover of these institutions by force. A rebellion is a Felony
ii) Treason: An act of treason is defined as any attempt made by a citizen of Galloway against the institution of the County, or any divulging of political, economical or military information, with the intent to weaken the County of Galloway and its institutions as a result of loss of land, social stability, sovereignty, political or economical autonomy. Because of their rank, members of the County council expose themselves to high treason for an act of treason. Treason is a Felony.


F. Betrayal
i) Abuse of Power: An act of abuse of power is defined as the use of public position beyond normal duties to earn political or personal gain for himself or an accomplice. Abuse of Power is a Felony.


II. Categories of Punishment
A. Sentencing
i) Public apology; Details set by the Judge
ii) Fines amended 20 Oct 1457
a. The convicted can choose whether to pay the fine to the County or the Kingdom.
b. Convicted citizens agreeing to pay the fine to the County, or a citizen paying the fine to the county on the convict's behalf, will sign a contract to buy a piece of wood from the County for the amount of the fine + the price of the wood.
c. If the fine is not paid within 3 resets, this will be considered breach of contract and charges will be filed against the signer of the contract
d. Convicts can only pay the fine to the county if they, or someone agreeing to pay the fine on their behalf, provides a bank statement (a screenshot) showing available funds.
iii) Jail time; Depending on level of the individual and severity of the crime. Must adhere to the Judge's charter.
iv) If the penal colony is active, it is considered to be a higher degree of jail time. See (6.IV.)
v) Exile
vi) Capital sentence by hanging, decapitation, or burning. Lords cannot be hanged


B. Light Crimes
i) A light crime is sentenced by (6.II.A.i - iii)
ii) A crime sentenced as light must be a first offense of breaking the laws of the county


C. Misdemeanor Crimes
i) A misdemeanor crime is sentenced by (6.II.A.i - iv)
ii) Multiple offenders of Light Crimes, automatically are sentenced as Misdemeanors


D. Felony Crimes
i) A felony crime is sentenced by (6.II.A.i - vi)
ii) Multiple offenders of Misdemeanor Crimes, automatically are sentenced as Felonies


E. Crimes by County Council members
i) When a member of the County Council is charged, the charges are pressed by a Mayor of a town (Approving the charges to be pressed)
ii) The Council of Mayors will then vote one of its members as judge, and will proceed with the trial
iii) The mayors will then pass the verdict at the end of the trial to the Judge who will enforce and enact the verdict as given


III. Judicial Process
A. Process
i) Complaints and evidence are either collected by the Constabulary Force or sent directly to the Public Prosecutor by the plaintiff.
ii) The case is filed by the Public Prosecutor after studying the case.
iii) Further investigation can be conducted by the Constabulary Force on demand by the Public Prosecutor.
iv) The official trial starts when the case is filed and passed along to the Judge.
v) The trial is administered; The trial is public and is held at the County Court
vi) Judgment is passed
vii) Sentence is given, if deemed fit by the Judge and/or Count of the County
amended 14 Nov 1457vii) 30 Day Speedy Trial Rule: A defendant is entitled to a speedy trial. A trial must be completed, with a decision handed down by the judge within 30 days of the first day on which the charges are officially filed in the County Court by the Public Prosecutor. If the decision by the Judge has not been handed down within that timeframe, the Judge shall dismiss the case with prejudice. Tolling the Rule should only take place in extreme circumstances, but can be requested by the Public Prosecutor and can be granted by the Judgeend amendment


B. Judicial Clauses
i) Each criminal declared guilty and convicted by the Judge will receive a sentence in which is proportional to the crime that has been committed
ii) A repeat offense will face a higher degree of sentencing
iii) Confession of a crime can (but does not necessarily) lower the degree of the sentence
iv) The participation or the complicity in a crime exposes the concerned individual to be prosecuted under complicity in a crime. Accomplices in a crime, if convicted, can be sentenced to a lower degree of sentence than the originally accused
v) High Justice governs trials that will have a sentence of capital punishment or exile. Only the Count can give this sentence. The Judge issues the sentence on the Count's behalf
vi) Any crime committed in the County is subject to the laws of the County
vii) Any person under trial is considered innocent until the sentence is given. During the trial, the person must make himself available and respond to the demands of the judicial system
viii) Whosoever is accused of a crime in the County of Galloway, shall have the right to a Defense Counsel. This Defense Counsel shall have access to evidence under the right to disclosure, and shall provide mitigating evidence, testimony, witnesses, and may argue points of law regarding only the accused's criminal charges
ix) Testimony from witnesses are admissible in court. Witnesses must swear to state the truth only

amended 14 Nov 1457
C. Statute of Limitations
i) The Public Prosecutor must file charges within 30 days of the alleged crime. When a crime has been committed over an ongoing period, charges must be filed within 30 days of the last day that the alleged crime took place.

ii) Statute of limitations may be equitably tolled. (For example, if the defendant was inside an army avoiding prosecution, the Judge will be able to extend the Statute of Limitations on a case by case basis.)

iii) Determining whether a Statute of Limitations may be tolled is a question of law to be made by the County Court Judge. Should the position of Judge become vacant through resignation, leave of absence, or abuse of power by the Judge, then the Statute of Limitations may be tolled by the highest incumbent and actively serving legal authority in the County at the time, namely the Duke or Lord Protector. Each case to be decided independently.

iv) The lapse (expiration) of the Statute of Limitations may be raised as an affirmative defense by the defendant.

v) Should the defense claim the lapse of the Statute of Limitations as a defense, the County Court Judge shall rule on the validity of the claim. An appeal may be to the Chief Justice.

vi) If the Court rules that the Statute of Limitations has lapsed (expired) and there are no grounds to toll the statute, the charges shall be forthwith dismissed with prejudice.

vii) The County Judge must also uphold the 'Speedy Trial Rule' stated in 6.III.A.vii.

viii) The Public Prosecutor may request up to an additional 10 days to prepare a case under certain circumstances. These circumstances would include particularly complex cases where evidence gathering is more difficult, or where there are multiple defendents. This clause must be ruled upon at the Judge's discretion on an individual basis and as necessary, and according to established common law precedents.
end amendment


IV. The MacGregor Penal Colony
A. Sentencing Requirements
i) The Camp MacGregor Penal Colony is an alternative punishment available to Judges of Galloway, not an additional one
ii) Any Defendant found Guilty in a Galloway Court of Law must have a monetary amount of 15p or more in hand at the time of sentencing to qualify for imprisonment in the Penal Colony.
iii) Alternatively, should a Guilty Defendant fail to have the monetary amount specified in (6.IV.A.ii), provided they posses sufficient food to survive the length of their sentence plus one further day they also qualify for imprisonment in the Penal Colony.
iv) The Judge must receive proof of the food held by the Guilty Defendant before the sentence commences in order to ensure a Prisoner will survive the term of imprisonment in accordance with the King's Law
v) Judges of Galloway who sentence a defendant to imprisonment in the MacGregor Penal Colony may issue sentences up to, but not in excess of 30 days in lieu of any other sentence


B. Procedure
i) Upon a Guilty verdict the Defendant will receive a Prison Number to eternally show their shame.Records to be kept in the Galloway Inn for all time.
ii) Prison Numbers issued will be kept in a roster by a representative of Galloway Council in perpetuity.
iii) Upon a Guilty verdict the Prisoner is to directly travel to the Penal Colony without pause or diversion.Travel time to the Penal Colony is not considered part of the sentence.
iv) Each day of the sentence the Prisoner is required to work in the mines, receiving the standard mine wage alongside non-convict workers.
v) The Prisoner is required to purchase 1 loaf of bread or 2 corn daily each day of the sentence from the Mayor of Drummore at a price equal to but not above the mine wage received.
vi) The Mayor is to report daily upon request to a representative of Galloway Council confirming all Prisoners have performed the actions stated in (6.IV.B.v)
vii) The Prisoner is to daily provide on request evidence to a representative of Galloway Council confirming they worked in the mines.


C. Failure to Report to the Colony/Escapees
i) Escapists and/or failing to report to the Penal Colony will cause the individual to be subject to field execution by the Galloway Army no matter where they run to, or additional charges to be pressed, along with the charges pressed causing the individual to be entered into the Penal Colony
ii) Failure to take a direct route to the Penal Colony upon sentencing without pause, is considered as failing to report to the Colony
iii) Failure to perform the daily work required by the Judge's sentence, is considered failing to report to the Colony
vi) Failure to purchase the items named in (6.IV.B.v), is considered failing to report to the Colony
vii) Any attempt to leave the Penal Colony or the town of Drummore before the sentence is complete, is considered escaping the Colony
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PostSubject: Re: Book 6 - The Penal Code   September 16th 2010, 00:05

Rough draft of new laws . . . I'm tired and will write my reasoning later on these, but for now feel free to critique them. Also any suggestions for sentencing, which I'll get to later.

Quote :
A.Crimes Against the Individual
i)Slander: An attempt to verbally attack an individuals character or credibility without proof (screenshot). Recommended punishment includes: Public Apology, Public Duel, Light Fine.
ii)Robbery: A robbery is defined as any action, the goal of which is to steal the goods of someone else. This is a Light crime. A violent robbery is defined as any action, the goal of which is to steal the goods of someone else through the use of violence. Recommended punishment includes: Public Duel, Light Fine, Medium Fine, Heavy Fine.
iii)Assault: Physically harming an individual or the attempt to do so (Failed robbery along the roads). Recommended punishment includes: Public Apology, Public Duel.
vi)Embezzlement: Mayor or Harbormaster using their offices to willfully and knowingly steal money from citizens. Recommended punishment includes: Heavy Fine, Heavy Jail, Removal, Exile.

B. Crimes Against the County
i)False Witness: An act of providing false testimony against an individual in a court case. Recommended punishment includes: Public Apology, Public Duel, Light Fine.
ii)Obstruction of Justice: Defined as the act of concealing, hiding, or aiding any person who has broken a law or decree of the County of Galloway, or withholding knowledge and/or evidence of a crime that has taken place. Recommended punishment includes: Public Apology, Medium Fine, Light Jail.
iii)Neglect of Duty: Failure of any elected or appointed official to perform their duty as described be it due to inattentiveness or refusal. Recommended punishment includes: Public Apology, Removal.
iv)Abuse of Power: An act of abuse of power is defined as the use of public position beyond normal duties to earn political or personal gain for himself or an accomplice. Abuse of Power also covers offenses by County Council members who publicly release information from the Private Chambers of County Council. This law does not apply to the Burgh Commissioner, the Lord/Lady Protector, the Spokesperson, or anyone other Council Member with the written consent of the Burgh Commissioner. Recommended punishment includes: Public Apology, Medium Fine, Removal.
v)Revolt: An attempt by an individual or a group of individuals to overthrow a rightfully elected Mayor. This law does not apply to those serving in armies. Recommended punishment includes: Public Apology, Medium Fine, Light Jail, Removal.
vi)Rebellion: An attempt by an individual or group of individuals to overthrow a rightfully elected County Council. This law does not apply to those serving in armies. Recommended punishment includes: Public Apology, Heavy Fine, Heavy Jail, Removal, Exile, Death.
vii)Military Rebellion: An attempt by a general of an army to use his army to overthrow a rightfully elected Mayor or sitting County Council. This law does not apply to army generals that get permission from the Burgh Commissioner. Recommended punishment includes: Public Apology, Heavy Fine, Heavy Jail, Removal, Exile, Death.
viii)Treason: An act of treason is defined as any attempt made by a citizen of Galloway against the institution of the County, or any divulging of political, economical or military information, with the intent to weaken the County of Galloway and its institutions as a result of loss of land, social stability, sovereignty, political or economical autonomy. Recommended punishment includes: Public Apology, Heavy Fine, Heavy jail, Removal, Exile, Death.

C. Economic Laws
i)Hoarding: The act of buying more than half of a single type of good on the market in a town, or buying a quantity of goods in order to artificially raise the prices on the market. Recommended punishment includes: Public Apology, Light Fine.
ii)Fleecing: The act of posting a job at lower then the county minimum wage. Recommended punishment includes: Public Apology, Light Fine.
iii)Stinting: The act of posting a job at less then maximum stats. Recommended punishment includes: Public Apology, Light Fine.
iv) Price Violation: The act of posting goods for less then the county minimum price or for higher then the county maximum price. Recommended punishment includes: Public Apology, Light Fine.


Last edited by Lance on September 16th 2010, 00:55; edited 2 times in total
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PostSubject: Re: Book 6 - The Penal Code   September 16th 2010, 00:36

Wrote up a whole new system of punishment . . .

Quote :
II. Categories of Punishment
A. Sentencing

A. Punishments
i)Public Apology: A formal and public apology by the defendant to the victim
ii)Public Duel: With the consent of both parties, the individuals can participate in a duel (in the arena), the loser publicly dropping admitting to being in the wrong.
iii)Light Fine: A fine paid to the county of up to, but not exceeding 30.00
iv)Medium Fine: A fine paid to the county of 31.00 and up to, but not exceeding 100.00
v)Heavy Fine: A fine paid to the county of 101.00 and up to, but not exceeding 500.00.
vi)Light Jail: A jail sentence of 3 days or less.
vii)Heavy Jail: A jail sentence of 4 days or greater.
viii)Removal: Forceful removal of an individual from a public office.
ix)Exile: Banishing of an individual from the confines of the County. Any exiled individual found within the confines of the County are not protected by County Law and all citizens are bound to show them ill will.
x)Death: With the consent of the Defendant, there will be a public execution. This will be accompanied by paying the King to strike their name from the records (an IG name change).
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PostSubject: Re: Book 6 - The Penal Code   September 18th 2010, 15:26

Quote :
III. Judicial Process
A. Process
i) Complaints and evidence are either collected by the Constabulary Force or sent directly to the Public Prosecutor by the plaintiff.
ii) The case is filed by the Public Prosecutor after studying the case.
iii) Further investigation can be conducted by the Constabulary Force on demand by the Public Prosecutor.
iv) The official trial starts when the case is filed and passed along to the Judge.
v) The trial is administered; The trial is public and is held at the County Court.
vi) Judgment is passed.
vii) Sentence is given, if deemed fit by the Judge and/or Count of the County
vii) 30 Day Speedy Trial Rule: A defendant is entitled to a speedy trial. A trial must be completed, with a decision handed down by the judge within 30 days of the first day on which the charges are officially filed in the County Court by the Public Prosecutor. If the decision by the Judge has not been handed down within that time frame, the Judge shall dismiss the case with prejudice. Tolling the Rule should only take place in extreme circumstances, but can be requested by the Public Prosecutor and can be granted by the Judge

B. Judicial Clauses
[i]i) Each criminal declared guilty and convicted by the Judge will receive a sentence as laid out in 5.I.in which is proportional to the crime that has been committed
ii) A repeat offense will face a higher degree of sentencing
iii) Confession of a crime can (but does not necessarily) lower the degree of the sentence
iv) The participation or the complicity in a crime exposes the concerned individual to be prosecuted under complicity in a crime. Accomplices in a crime, if convicted, can be sentenced to a lower degree of sentence than the originally accused
v) High Justice governs trials that will have a sentence of capital punishment or exile. Only the Burgh Commissioner can give this sentence. The Judge issues the sentence on the Burgh Commissioner's behalf
vi) Any crime committed in the County is subject to the laws of the County
vii) Any person under trial is considered innocent until the sentence is given. During the trial, the person must make himself available and respond to the demands of the judicial system.
viii) Whosoever is accused of a crime in the County of Galloway, shall have the right to a Defense Counsel. This Defense Counsel shall have access to evidence under the right to disclosure, and shall provide mitigating evidence, testimony, witnesses, and may argue points of law regarding only the accused's criminal charges
ix) Testimony from witnesses are admissible in court. Witnesses must swear to state the truth only


C. Statute of Limitations
i) The Public Prosecutor must file charges within 30 days of the alleged crime. When a crime has been committed over an ongoing period, charges must be filed within 30 days of the last day that the alleged crime took place.
ii) Statute of limitations may be equitably tolled. (For example, if the defendant was inside an army avoiding prosecution, the Judge will be able to extend the Statute of Limitations on a case by case basis.)
iii) Determining whether a Statute of Limitations may be tolled is a question of law to be made by the County Court Judge. Should the position of Judge become vacant through resignation, leave of absence, or abuse of power by the Judge, then the Statute of Limitations may be tolled by the highest incumbent and actively serving legal authority in the County at the time, namely the Duke or Lord Protector. Each case to be decided independently.
iv) The lapse (expiration) of the Statute of Limitations may be raised as an affirmative defense by the defendant.
v) Should the defense claim the lapse of the Statute of Limitations as a defense, the County Court Judge shall rule on the validity of the claim. An appeal may be to the Chief Justice.
vi) If the Court rules that the Statute of Limitations has lapsed (expired) and there are no grounds to toll the statute, the charges shall be forthwith dismissed with prejudice.
vii) The County Judge must also uphold the 'Speedy Trial Rule' stated in 6.III.A.vii.
viii) The Public Prosecutor may request up to an additional 10 days to prepare a case under certain circumstances. These circumstances would include particularly complex cases where evidence gathering is more difficult, or where there are multiple defendants. This clause must be ruled upon at the Judge's discretion on an individual basis and as necessary, and according to established common law precedents.
end amendment

Not much to change here . . . a lot of fluff, but necessary. Going to keep the MacGregor penal colony as well.
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PostSubject: Re: Book 6 - The Penal Code   September 20th 2010, 22:54

Quote :

C. Slavery
i) Slavery: Defined as any attempt to hire someone with an indecent wage. The minimum decent wage is the minimum wage declared by the concerned Town Hall through decrees, otherwise the minimum wage of the County of 14 pounds. Exceptions are made for working in the Church, working for the IMW, or working for an employer with expressed written consent by both parties. The Judge can recognize and approve a private contract that goes below minimum wage, on the condition that this arrangement was announced beforehand. Slavery is a light crime.

I'd say get rid of slavery for below max stats as further incentive to work the mines, but keep some sort of slavery law in place for full stat jobs along the lines of 18 pounds.

Quote :
II. Categories of Punishment
A. Sentencing
i) Public apology; Details set by the Judge
ii) Fines amended 20 Oct 1457
a. The convicted can choose whether to pay the fine to the County or the Kingdom.
b. Convicted citizens agreeing to pay the fine to the County, or a citizen paying the fine to the county on the convict's behalf, will sign a contract to buy a piece of wood from the County for the amount of the fine + the price of the wood.
c. If the fine is not paid within 3 resets, this will be considered breach of contract and charges will be filed against the signer of the contract
d. Convicts can only pay the fine to the county if they, or someone agreeing to pay the fine on their behalf, provides a bank statement (a screenshot) showing available funds.
iii) Jail time; Depending on level of the individual and severity of the crime. Must adhere to the Judge's charter.
iv) If the penal colony is active, it is considered to be a higher degree of jail time. See (6.IV.)
v) Exile
vi) Capital sentence by hanging, decapitation, or burning. Lords cannot be hanged

I really like the paying the fine to the county instead of it disappearing bit, perhaps take 5 or so pounds of the fine as incentive.
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PostSubject: Re: Book 6 - The Penal Code   September 21st 2010, 10:46

I know I've said it already, but I've only bothered to scan this over, to be perfectly honest.

Quote :
I'd say get rid of slavery for below max stats as further incentive to work the mines, but keep some sort of slavery law in place for full stat jobs along the lines of 18 pounds.
So you mean if you are not hiring for max stats then you cannot be prosecuted for slavery? Could you elaborate on this a bit more for me please. I think I get where you are coming from.

Quote :
c. If the fine is not paid within 3 resets, this will be considered breach of contract and charges will be filed against the signer of the contract
I assume you mean that the case is kept in the Court until the fine has been paid? And that if its not paid after 3 resets the case will be ruled on in Court with the money going to the King? Just wanting a bit of clarification.
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PostSubject: Re: Book 6 - The Penal Code   September 21st 2010, 12:23

Quote :

So you mean if you are not hiring for max stats then you cannot be prosecuted for slavery? Could you elaborate on this a bit more for me please. I think I get where you are coming from.

My reasoning is why have a slavery law for non stats when they can work the mines at 15 pounds per day? Taking away the slavery law is just another gentle nudge in the direction of the mines Very Happy Isn't that the wage most mayors ask to be posted for non stat jobs anyways?
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PostSubject: Re: Book 6 - The Penal Code   September 21st 2010, 12:30

Actually what I wanted to know if how you felt about replacing the entire crime and punishment sections with these two completely reworked sections . . .

Quote :
I. Crime

A.Crimes Against the Individual
i)Slander: An attempt to verbally attack an individuals character or credibility without proof (screenshot). Recommended punishment includes: Public Apology, Public Duel, Light Fine.
ii)Robbery: A robbery is defined as any action, the goal of which is to steal the goods of someone else. This is a Light crime. A violent robbery is defined as any action, the goal of which is to steal the goods of someone else through the use of violence. Recommended punishment includes: Public Duel, Light Fine, Medium Fine, Heavy Fine.
iii)Assault: Physically harming an individual or the attempt to do so (Failed robbery along the roads). Recommended punishment includes: Public Apology, Public Duel.
vi)Embezzlement: Mayor or Harbormaster using their offices to willfully and knowingly steal money from citizens. Recommended punishment includes: Heavy Fine, Heavy Jail, Removal, Exile.

B. Crimes Against the County
i)False Witness: An act of providing false testimony against an individual in a court case. Recommended punishment includes: Public Apology, Public Duel, Light Fine.
ii)Obstruction of Justice: Defined as the act of concealing, hiding, or aiding any person who has broken a law or decree of the County of Galloway, or withholding knowledge and/or evidence of a crime that has taken place. Recommended punishment includes: Public Apology, Medium Fine, Light Jail.
iii)Neglect of Duty: Failure of any elected or appointed official to perform their duty as described be it due to inattentiveness or refusal. Recommended punishment includes: Public Apology, Removal.
iv)Abuse of Power: An act of abuse of power is defined as the use of public position beyond normal duties to earn political or personal gain for himself or an accomplice. Abuse of Power also covers offenses by County Council members who publicly release information from the Private Chambers of County Council. This law does not apply to the Burgh Commissioner, the Lord/Lady Protector, the Spokesperson, or anyone other Council Member with the written consent of the Burgh Commissioner. Recommended punishment includes: Public Apology, Medium Fine, Removal.
v)Revolt: An attempt by an individual or a group of individuals to overthrow a rightfully elected Mayor. This law does not apply to those serving in armies. Recommended punishment includes: Public Apology, Medium Fine, Light Jail, Removal.
vi)Rebellion: An attempt by an individual or group of individuals to overthrow a rightfully elected County Council. This law does not apply to those serving in armies. Recommended punishment includes: Public Apology, Heavy Fine, Heavy Jail, Removal, Exile, Death.
vii)Military Rebellion: An attempt by a general of an army to use his army to overthrow a rightfully elected Mayor or sitting County Council. This law does not apply to army generals that get permission from the Burgh Commissioner. Recommended punishment includes: Public Apology, Heavy Fine, Heavy Jail, Removal, Exile, Death.
viii)Treason: An act of treason is defined as any attempt made by a citizen of Galloway against the institution of the County, or any divulging of political, economical or military information, with the intent to weaken the County of Galloway and its institutions as a result of loss of land, social stability, sovereignty, political or economical autonomy. Recommended punishment includes: Public Apology, Heavy Fine, Heavy jail, Removal, Exile, Death.

C. Economic Laws
i)Hoarding: The act of buying more than half of a single type of good on the market in a town, or buying a quantity of goods in order to artificially raise the prices on the market. Recommended punishment includes: Public Apology, Light Fine.
ii)Fleecing: The act of posting a job at lower then the county minimum wage. Recommended punishment includes: Public Apology, Light Fine.
iii)Stinting: The act of posting a job at less then maximum stats. Recommended punishment includes: Public Apology, Light Fine.
iv) Price Violation: The act of posting goods for less then the county minimum price or for higher then the county maximum price. Recommended punishment includes: Public Apology, Light Fine.

II. Categories of Punishment
A. Sentencing

A. Punishments
i)Public Apology: A formal and public apology by the defendant to the victim
ii)Public Duel: With the consent of both parties, the individuals can participate in a duel (in the arena), the loser publicly dropping admitting to being in the wrong.
iii)Light Fine: A fine paid to the county of up to, but not exceeding 30.00
iv)Medium Fine: A fine paid to the county of 31.00 and up to, but not exceeding 100.00
v)Heavy Fine: A fine paid to the county of 101.00 and up to, but not exceeding 500.00.
vi)Light Jail: A jail sentence of 3 days or less.
vii)Heavy Jail: A jail sentence of 4 days or greater.
viii)Removal: Forceful removal of an individual from a public office.
ix)Exile: Banishing of an individual from the confines of the County. Any exiled individual found within the confines of the County are not protected by County Law and all citizens are bound to show them ill will.
x)Death: With the consent of the Defendant, there will be a public execution. This will be accompanied by paying the King to strike their name from the records (an IG name change).
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PostSubject: Re: Book 6 - The Penal Code   September 21st 2010, 13:03

Through scanning I did see one thing missing...how is one who sells no food as a meal in their tavern prosecuted?

Quote :

iv) Price Violation: The act of posting goods for less then the county minimum price or for higher then the county maximum price. Recommended punishment includes: Public Apology, Light Fine.

So floors are going to be enforced then? That outta make quite a few people happy Laughing
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PostSubject: Re: Book 6 - The Penal Code   September 21st 2010, 14:00

I can add something in about tavern meals . . . is there a way to see if there if food in a tavern mean before you buy it? Or do you just have to go off the description the tavern owner makes? I think I've only ever bought food in a tavern once, lol, always had my corn field Laughing.

I'm sure people are going to love the labor regulations at first too Razz. But honestly for a 20.00 wage they shouldn't be complaining. We need to massively reorganize our markets at the town level. That's one of our biggest problems in the county. The wealth isn't getting distributed anymore. Market laws actually are there to benefit the citizen, the price min/max does nothing but benefit individuals.

I also took out fines, I don't want anyone to be fined UNLESS it's being paid directly to the county. Otherwise we're just taking money out of the economy, which only hurts the county in the end. I'd rather let crimes go unpunished or opt for jail time instead of taking money and throwing it in a black hole.

Also want to implement dueling as a viable solutions to disputes. Get some good RP going or give people something to watch in the areas. It will be good for stuff like slander.
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PostSubject: Re: Book 6 - The Penal Code   September 27th 2010, 19:00

Another long section. Can anyone clarify the tavern thing for me. If need be I can add that.

Quote :
Book 5 - Penal Code

I. Crime

A.Crimes Against the Individual
i)Slander: An attempt to verbally attack an individuals character or credibility without proof (screenshot). Recommended punishment includes: Public Apology, Public Duel, Light Fine.
ii)Robbery: A robbery is defined as any action, the goal of which is to steal the goods of someone else. Recommended punishment includes: Public Duel, Light Fine, Medium Fine, Heavy Fine.
iii)Assault: Physically harming an individual or the attempt to do so (Failed robbery along the roads). Recommended punishment includes: Public Apology, Public Duel.
vi)Embezzlement: Mayor or Harbormaster using their offices to willfully and knowingly steal money from citizens. Recommended punishment includes: Heavy Fine, Heavy Jail, Removal, Exile.


B. Crimes Against the County
i)False Witness: An act of providing false testimony against an individual in a court case. Recommended punishment includes: Public Apology, Public Duel, Light Fine.
ii)Obstruction of Justice: Defined as the act of concealing, hiding, or aiding any person who has broken a law or decree of the County of Galloway, or withholding knowledge and/or evidence of a crime that has taken place. Recommended punishment includes: Public Apology, Medium Fine, Light Jail.
iii)Neglect of Duty: Failure of any elected or appointed official to perform their duty as described be it due to inattentiveness or refusal. Recommended punishment includes: Public Apology, Removal.
iv)Abuse of Power: An act of abuse of power is defined as the use of public position beyond normal duties to earn political or personal gain for himself or an accomplice. Abuse of Power also covers offenses by County Council members who publicly release information from the Private Chambers of County Council. This law does not apply to the Burgh Commissioner, the Lord/Lady Protector, the Spokesperson, or anyone other Council Member with the written consent of the Burgh Commissioner. Recommended punishment includes: Public Apology, Medium Fine, Removal.
v)Revolt: An attempt by an individual or a group of individuals to overthrow a rightfully elected Mayor. This law does not apply to those serving in armies. Recommended punishment includes: Public Apology, Medium Fine, Light Jail, Removal.
vi)Rebellion: An attempt by an individual or group of individuals to overthrow a rightfully elected County Council. This law does not apply to those serving in armies. Recommended punishment includes: Public Apology, Heavy Fine, Heavy Jail, Removal, Exile, Death.
vii)Military Rebellion: An attempt by a general of an army to use his army to overthrow a rightfully elected Mayor or sitting County Council. This law does not apply to army generals that get permission from the Burgh Commissioner. Recommended punishment includes: Public Apology, Heavy Fine, Heavy Jail, Removal, Exile, Death.
viii)Treason: An act of treason is defined as any attempt made by a citizen of Galloway against the institution of the County, or any divulging of political, economical or military information, with the intent to weaken the County of Galloway and its institutions as a result of loss of land, social stability, sovereignty, political or economical autonomy. Recommended punishment includes: Public Apology, Heavy Fine, Heavy jail, Removal, Exile, Death.


C. Economic Laws
i)Hoarding: The act of buying more than half of a single type of good on the market in a town, or buying a quantity of goods in order to artificially raise the prices on the market. Recommended punishment includes: Public Apology, Light Fine.
ii)Fleecing: The act of posting a job at lower then the county minimum wage. Recommended punishment includes: Public Apology, Light Fine.
iii)Stinting: The act of posting a job at less then maximum stats. Recommended punishment includes: Public Apology, Light Fine.
iv) Price Violation: The act of posting goods for less then the county minimum price or for higher then the county maximum price. Recommended punishment includes: Public Apology, Light Fine.


II. Categories of Punishment

A. Punishments
i)Public Apology: A formal and public apology by the defendant to the victim
ii)Public Duel: With the consent of both parties, the individuals can participate in a duel (in the arena), the loser publicly dropping admitting to being in the wrong.
iii)Light Fine: A fine paid to the county of up to, but not exceeding 30.00
iv)Medium Fine: A fine paid to the county of 31.00 and up to, but not exceeding 100.00
v)Heavy Fine: A fine paid to the county of 101.00 and up to, but not exceeding 500.00.
vi)Light Jail: A jail sentence of 3 days or less.
vii)Heavy Jail: A jail sentence of 4 days or greater.
viii)Removal: Forceful removal of an individual from a public office.
ix)Exile: Banishing of an individual from the confines of the County. Any exiled individual found within the confines of the County are not protected by County Law and all citizens are bound to show them ill will.
x)Death: With the consent of the Defendant, there will be a public execution. This will be accompanied by paying the King to strike their name from the records (an IG name change).


III. Judicial Process
A. Process
i) Complaints and evidence are either collected by the Constabulary Force or sent directly to the Public Prosecutor by the plaintiff.
ii) The case is filed by the Public Prosecutor after studying the case.
iii) Further investigation can be conducted by the Constabulary Force on demand by the Public Prosecutor.
iv) The official trial starts when the case is filed and passed along to the Judge.
v) The trial is administered; The trial is public and is held at the County Court
vi) Judgment is passed
vii) Sentence is given, if deemed fit by the Judge and/or Count of the County
vii) 30 Day Speedy Trial Rule: A defendant is entitled to a speedy trial. A trial must be completed, with a decision handed down by the judge within 30 days of the first day on which the charges are officially filed in the County Court by the Public Prosecutor. If the decision by the Judge has not been handed down within that timeframe, the Judge shall dismiss the case with prejudice.

B. Judicial Clauses
[i]i) Each criminal declared guilty and convicted by the Judge will receive a sentence as laid out in 5.I.
ii) A repeat offense will face a higher degree of sentencing
iii) Confession of a crime can (but does not necessarily) lower the degree of the sentence
iv) The participation or the complicity in a crime exposes the concerned individual to be prosecuted under complicity in a crime. Accomplices in a crime, if convicted, can be sentenced to a lower degree of sentence than the originally accused
v) High Justice governs trials that will have a sentence of capital punishment or exile. Only the Count can give this sentence. The Judge issues the sentence on the Count's behalf
vi) Any crime committed in the County is subject to the laws of the County
vii) Any person under trial is considered innocent until the sentence is given. During the trial, the person must make himself available and respond to the demands of the judicial system
viii) Whosoever is accused of a crime in the County of Galloway, shall have the right to a Defense Counsel. This Defense Counsel shall have access to evidence under the right to disclosure, and shall provide mitigating evidence, testimony, witnesses, and may argue points of law regarding only the accused's criminal charges
ix) Testimony from witnesses are admissible in court. Witnesses must swear to state the truth only


C. Statute of Limitations
i) The Public Prosecutor must file charges within 30 days of the alleged crime. When a crime has been committed over an ongoing period, charges must be filed within 30 days of the last day that the alleged crime took place.
ii) Statute of limitations may be equitably tolled. (For example, if the defendant was inside an army avoiding prosecution, the Judge will be able to extend the Statute of Limitations on a case by case basis.)
iii) Determining whether a Statute of Limitations may be tolled is a question of law to be made by the County Court Judge. Should the position of Judge become vacant through resignation, leave of absence, or abuse of power by the Judge, then the Statute of Limitations may be tolled by the highest incumbent and actively serving legal authority in the County at the time, namely the Duke or Lord Protector. Each case to be decided independently.
iv) The lapse (expiration) of the Statute of Limitations may be raised as an affirmative defense by the defendant.
v) Should the defense claim the lapse of the Statute of Limitations as a defense, the County Court Judge shall rule on the validity of the claim. An appeal may be to the Chief Justice.
vi) If the Court rules that the Statute of Limitations has lapsed (expired) and there are no grounds to toll the statute, the charges shall be forthwith dismissed with prejudice.
vii) The County Judge must also uphold the 'Speedy Trial Rule' stated in 6.III.A.vii.
viii) The Public Prosecutor may request up to an additional 10 days to prepare a case under certain circumstances. These circumstances would include particularly complex cases where evidence gathering is more difficult, or where there are multiple defendents. This clause must be ruled upon at the Judge's discretion on an individual basis and as necessary, and according to established common law precedents.


IV. The MacGregor Penal Colony
A. Sentencing Requirements
i) The Camp MacGregor Penal Colony is an alternative punishment available to Judges of Galloway, not an additional one
ii) Any Defendant found Guilty in a Galloway Court of Law must have a monetary amount of 15p or more in hand at the time of sentencing to qualify for imprisonment in the Penal Colony.
iii) Alternatively, should a Guilty Defendant fail to have the monetary amount specified in (6.IV.A.ii), provided they posses sufficient food to survive the length of their sentence plus one further day they also qualify for imprisonment in the Penal Colony.
iv) The Judge must receive proof of the food held by the Guilty Defendant before the sentence commences in order to ensure a Prisoner will survive the term of imprisonment in accordance with the King's Law
v) Judges of Galloway who sentence a defendant to imprisonment in the MacGregor Penal Colony may issue sentences up to, but not in excess of 30 days in lieu of any other sentence


B. Procedure
i) Upon a Guilty verdict the Defendant will receive a Prison Number to eternally show their shame.Records to be kept in the Galloway Inn for all time.
ii) Prison Numbers issued will be kept in a roster by a representative of Galloway Council in perpetuity.
iii) Upon a Guilty verdict the Prisoner is to directly travel to the Penal Colony without pause or diversion.Travel time to the Penal Colony is not considered part of the sentence.
iv) Each day of the sentence the Prisoner is required to work in the mines, receiving the standard mine wage alongside non-convict workers.
v) The Prisoner is required to purchase 1 loaf of bread or 2 corn daily each day of the sentence from the Mayor of Drummore at a price equal to but not above the mine wage received.
vi) The Mayor is to report daily upon request to a representative of Galloway Council confirming all Prisoners have performed the actions stated in (6.IV.B.v)
vii) The Prisoner is to daily provide on request evidence to a representative of Galloway Council confirming they worked in the mines.


C. Failure to Report to the Colony/Escapees
i) Escapists and/or failing to report to the Penal Colony will cause the individual to be subject to field execution by the Galloway Army no matter where they run to, or additional charges to be pressed, along with the charges pressed causing the individual to be entered into the Penal Colony
ii) Failure to take a direct route to the Penal Colony upon sentencing without pause, is considered as failing to report to the Colony
iii) Failure to perform the daily work required by the Judge's sentence, is considered failing to report to the Colony
vi) Failure to purchase the items named in (6.IV.B.v), is considered failing to report to the Colony
vii) Any attempt to leave the Penal Colony or the town of Drummore before the sentence is complete, is considered escaping the Colony
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PostSubject: Re: Book 6 - The Penal Code   

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