Etla Isle
For Starters => Continuity Knowledgebase => Topic started by: Eliel on September 27, 2015, 01:19:49 PM
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Overview of the Legal System in Eileadora/Etla Isle
Legal Hierarchy
The following is the hierarchy of legal figures:
- The Queen
- Council Members and Bloodsworn
- Captain of City Guard
- City Guard
City Guard
The city guards are responsible for the protection of those within city limits, as well as just outside of the city. They are also responsible for apprehending and confining criminal offenders until a trial can be arranged.
All citizens are required to obey orders given to them by city guards. The Captain of the city guard is responsible for making sure the city guards do not abuse their power.
Any citizen may approach a guard with a request for assistance. The guards are stationed all around the city, so it is likely that, despite understaffing, one is not far away. However, those in the underground waterways or more distant quarters of town may be out of earshot at times.
Royal Guard (Bloodsworn)
Queen Elora's private royal guard, the Bloodsworn, are responsible for the protection of the Queen herself, and it is only to the Queen that they answer. They operate out of the castle, although they may at times go into the streets to look for possible threats and to seek information that may be of importance for security matters. They are not responsible for apprehending criminals or assisting/interfering with the duties of city guards, but may choose to do so if extra help is needed. City guards must obey royal guard orders, however, as they are seen as coming from the Queen.
Imprisonment / Posting Bail
The royal prison, in the lower levels of the castle, is where accused criminals are brought to await trial. Unlike in modern society, where prison time is handed out as a sentence, jails in this time only exist to make sure the accused is available for trial.
Therefore, jail stays will vary, depending on how long it takes for a trial to be arranged. Usually, judgment is brought within a few days, however.
For those who can afford it, bail may be posted by another party, who thereby ensures that the accused will appear for trial. In the case of severe crimes, even bail may still require house arrest with a guard present.
Vigilantism
The protection of citizens and maintenance of order is the duty of city guards. However, those able and willing to protect others will find that, so long as they are acting in the defense of others, they have little chance of facing legal troubles if they must use violence. This is especially true of paid private guards, who must often use force to protect their masters' persons and possessions.
In addition, those registered with the Fighter's Guild have limited license to make citizen's arrests and greater latitude as regards interfering in fights.
Categories of Offense:
An offense may be categorized as either a misdemeanor, a felony, or a capital offense.
- A misdemeanor is a minor crime, such as petty theft, non-physical harassment, nonviolent disturbance of the peace, minor defacement of property, etc.
- A felony is a more serious crime, such as grand theft, physical assault, violent disturbances, manslaughter, negligent homicide, arson, etc.
- A capital crime is one worthy of execution; murder or treason are in this category.
An offense may also be either civil or criminal.
- A civil offense is a crime committed against the property of another citizen (anyone except the Queen, members of the city/royal guard, or Council members). Punishment is in the form of a fine and possible mandatory servitude, depending on the severity of the crime. No corporal punishment is meted out for civil offenses.
- A criminal offense is a crime committed against any person. Offenses which would be civil (as described above) are criminal offenses if they are committed against the Queen, a Council member, or one of the city or royal guard. This is because they represent the Queendom, and so offenses against them are offenses against the Queen herself. Criminal offenses nearly always include corporal (or capital) punishment, and they may also include a fine or mandatory servitude.
**Note** The third of the same type of civil offense committed by the same person is automatically treated as a criminal offense, as is any subsequent offense of the same type. E.g., after two petty thefts, all future offenses are treated as criminal offenses. The third criminal misdemeanor shall be treated as a felony. The third criminal felony shall be treated as a capital crime.
List of Misdemeanors
The following offenses are considered misdemeanors:
- Petty theft - Theft of coin or goods valued at less than 1 gold.
- Civil punishment: Required return of the stolen goods (or its value), plus the value of said goods. For example, if you steal a book worth 4 silver, you must either return the book plus 4 silver or 8 silver.
- Criminal punishment: Application of above civil punishment, plus 10 lashes across the back. Offenders are also branded with a hot iron in the shape of a T for theft.
- Non-Physical Harassment - Sustained, repeated threatening behavior (verbal or non-verbal) against any person or persons which does not involve actual physical violence. Such behavior may include stalking, repeated verbal abuse, repeated interruption of work duties.
- Civil punishment (for threats against property only): Fine of 10 gold.
- Criminal punishment: Fine of 20 gold for first offense, each subsequent offense has fine doubled. Repeat offenses will incur corporal punishment to be determined at sentencing.
- Public Nuisance - non-violent disturbance of the peace. May include, but is not limited to: excessive public drunkenness, disruptive noise or behavior, acting in a suspicious manner liable to cause public concern, and reckless behavior of a nature likely to cause injury to self or others.
- Criminal punishment: As this is an act against the city itself, there is only a criminal punishment of no less than 10 lashes across the back. Repeat offenses may incur more severe punishments, to be determined at sentencing.
Note: "Acting in a suspicious manner liable to cause public concern" is defined as any prolonged action or set of actions that may arouse a reasonable concern that the perpetrator has committed or is about to commit a crime. The city guard shall have latitude to determine if a reasonable concern exists.
- Minor destruction of property - May include, but is not limited to: minor effacement of structures or other property to a degree such that the damage is reparable or property replaceable at a cost of less than 10 gold, and littering.
- Civil punishment (private property): Fine of double the cost of damages. Repeat offenses may incur corporal punishment, to be determined at sentencing.
- Criminal punishment (when the property is royal or public in nature - castle/cathedral grounds, city streets, crystal lamps, etc.): Fine of 10 gold for first offense, doubled for each subsequent offense. Mandatory five lashes across the hands. Repeat offenses may incur more severe corporal punishment, to be determined at sentencing.
- Refusal to identify - Any city or royal guard may require that an individual provide his or her full name and occupation. Refusal to provide this information upon request shall be considered a misdemeanor. However, no citizen shall be required to identify himself or herself repeatedly if identification has already been given to the requesting officer on that day, if no change in appearance has occurred throughout the day which may hinder the guard's ability to recognize the person.
- Criminal punishment - This is always a criminal offense, with a punishment is a fine of 1 gold, but no corporal punishment is usually given except upon repeated offenses.
List of Felonies
The following offenses shall be considered felonies:
- Grand theft - Theft of coin or goods valued at more than 1 gold.
- Civil punishment: Required return of the stolen goods (or its value), plus the value of said goods. For example, if you steal something worth 4 gold, you must either return it plus 4 gold or 8 gold.
- Criminal punishment: Application of above civil punishment, plus 20 lashes across the back. Offenders are also branded with a hot iron in the shape of a T for theft.
Note: If the offender has committed two prior misdemeanors, a petty theft offense is to be punished according to this standard.
- Physical Assault - Any action which involves physical harm, not committed in self-defense, against a person or persons, the result of which is injury but not death.
- Criminal punishment: This is always a criminal offense, because physical violence against a person has happened. Punishment of 20 lashes across the back plus 5 across the hands. Repeat offenders may incur more severe punishment, to be determined at sentencing.
Note: If the offender has committed two prior misdemeanors, a non-physical harassment offense is to be punished according to this standard.
- Sexual Assault - The act of forced, non-consensual sexual contact with any person or persons.
- Criminal punishment: This is always a criminal offense, because physical violence against a person has happened. Punishment of 20 lashes across the back plus 10 across the hands. Repeat offenders may incur more severe punishment, to be determined at sentencing.
Note: An individual must be at least sixteen years of age to consent to sexual contact. This punishment may be added in addition to one for physical assault if applicable.
- Public Threat - violent disturbance of the peace. May include, but is not limited to: excessive public drunkenness if violence is involved, and reckless behavior of a nature which causes injury to self or others.
- Criminal punishment: As this is an act against the city itself, as well as possibly involving physical harm, there is only a criminal punishment of no less than 20 lashes across the back. Repeat offenses may incur more severe punishments, to be determined at sentencing.
Note: If the offender has committed two prior misdemeanors, a public nuisance offense is to be punished according to this standard.
- Severe destruction of property - May include, but is not limited to effacement of structures or other property to a degree such that the damage is not reparable or property damage exceeds 10 gold.
- Civil punishment (private property): Fine of double the cost of damages. Repeat offenses may incur corporal punishment, to be determined at sentencing.
- Criminal punishment (when the property is royal or public in nature - castle/cathedral grounds, city streets, crystal lamps, etc.): Fine of 20 gold for first offense, doubled for each subsequent offense. Mandatory ten lashes across the hands. Repeat offenses may incur more severe corporal punishment, to be determined at sentencing.
Note: If the offender has committed two prior misdemeanors, a minor destruction of property offense is to be punished according to this standard, with the assumption that, whatever the real damages, the cost to repair/replace is at least 10 gold. The amount paid in excess of the typical misdemeanor fine is given to the royal treasury.
- Refusal to pay taxes - the refusal to remit tax monies, in a timely manner, as required by law. This is always a criminal offense.
- Criminal punishment - 20 lashes across the back and indentured servitude to the Queen until such time as double the amount required is paid.
- Manslaughter/Negligent Homicide - Any action, not committed in self-defense, which leads to the unintended death of another. This is always a criminal offense.
- Criminal punishment - 30 lashes across the back and house arrest for a period of no less than thirty days. If the offender does not have a permanent residence, the house arrest will be carried out in the royal prison.
List of Capital Crimes
The following offenses are considered capital crimes. They are all criminal in nature, and punishable by death:
- Murder - The intentional killing of another.
- Treason - Any act with the direct intention of harming - either physically, financially, or politically - the Queen or a member of the Council.
Mitigating Factors
The following factors may be contested to lessen punishment for a crime:
- Self-defense - an act committed in self-defense is unlikely to carry a punishment, unless severe recklessness is involved.
- Defense of others - an act committed in the defense of another may result in a lowered punishment, especially in the case of protecting another from physical violence.
- Acting in accordance with royal orders - All orders given by the Queen are legal by definition. Therefore, any action taken in furtherance of these orders will have this fact taken into consideration. It does not protect from flagrant abuse of authority, and all final determination will be made at trial.
The following factors will work against a plaintiff at trial, or at least will not work as mitigating factors:
- Concurrent commission of a crime - those in the act of committing a crime cannot expect the protection of the law, should they be injured in the process. E.g., if you are robbing someone, you will probably not succeed in pressing a case of physical assault if it happened as a consequence of your actions.
- Ignorance of the law: No excuse.
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Amend under Felony.
- Slavery - A person/furre/creature who is the property of and wholly subject to another; a bond servant. - to engage in the slave trade; procure, transport, or sell slaves. Within Eileadora Kingdom and it's territory
Note1: Investigation prior to judgement is a necessity.
Note2: Slave trader ships will be given a 24 hour notice to leave the territory.
- Civil punishment - 30 lashes across the back and indentured servitude to the Kingdom for one year.
- Civil freedom to slaves. - Any slaves that seek freedom from their masters may seek shelter within Eileadora Kingdom, in exchange of indentured servitude, shall receive food, shelter and taught a trade in any requested skill.
- Escape from indentured servitude - Sentenced to indentured servitude to the kingdom, fails to follow requested tasks, attempts to escape.
- Imprisonment for the rest of their indentured servitude period.
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What of consensual slavery?
~MDW
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What of consensual slavery?
~MDW
Den Fa facepalms. "This is why I tried to launch the debate with the council......"
Wikipedia : Consensual slavery (http://"https://en.wikipedia.org/wiki/Sexual_slavery_%28BDSM%29")
If the "person" consents in character to that kind of treatement it's not "slavery". It's sexual play.
Consentual slavery is not slavery
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If the "person" consents in character to that kind of treatement it's not "slavery".
Den is correct. To elaborate,
Slave: a person who is the legal property of another and is forced to obey them.
Servant: a person who performs duties for others, especially a person employed in a house on domestic duties or as a personal attendant.
Or to simplify even further, if someone has a choice in the matter, they're (by all legalities) a servant.
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Are there any laws against necromancy?
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Not currently. No.
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Just a note: if you don't see it specified in the above detailed legal code, it's not illegal. Might be 'frowned upon' but not illegal. Such 'frowned upon' things might include:
gambling
fighting
drug use (our list of drugs is getting extensive)
drug sale
prostitution
blood drinking
magical tinkering (turning someone's hair blue or rearranging their house... could fall under harassment it repeated but otherwise..)
If someone consents so something ICly (example: they want to be beaten) then the act is not illegal.
A guard can still arrest someone even for something that is merely frowned upon, if they feel the person might be a danger to others. At most that person would likely only spend a night in jail and be released in the morning.
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Updated the wording in my above post since there still seems to be some confusion.
ONLY THINGS LISTED IN THE LEGAL CODE (first post) AND ANY AMENDMENTS THEREAFTER (slavery) ARE ILLEGAL.
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I am curious if wording could be added for those who do not pay the fine/fee.
Most of the laws have a "Fine of 10 Gold" attached to it. While I know our monetary system is more implied and not exactly tracked, there are still players who may break the laws and don't have an Eileadoran currency to work with.
Can a physical servitude aspect be worked in? Or, would it be just more jail time?
I tend to think similar to "washing the dishes for not paying for your meal" would apply here, though I'm unsure if that fits the system.
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Indentured servitude would be a common practice in this era, similar to chain gangs if one was incapable of paying a fine (or as a result of repeat offenses). Open air stocks and hanging cages were likewise options in lieu of sitting in a cell. I think it might give more rp opportunity if such 'punishments' were enacted ICly. Not every character would have reason to go visit the prison, for example, but walking by the stockade could result in a unique rp experience for players.
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Indentured servitude would be a common practice in this era, similar to chain gangs if one was incapable of paying a fine (or as a result of repeat offenses). Open air stocks and hanging cages were likewise options in lieu of sitting in a cell. I think it might give more rp opportunity if such 'punishments' were enacted ICly. Not every character would have reason to go visit the prison, for example, but walking by the stockade could result in a unique rp experience for players.
We DO have that conspicuously blank area just across from the hanging-nooses...
*morbid eyebrow waggle*
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Stocks and such already have a spot on the new map. In a fairly public area.
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Councilwoman Amanda Lynn Corliss proposal
Council Bill Proposal A.N.1- The Safe Harbor and Dock Act
This is a joint army and navy based bill.
The proposal is that if a vessel not of Eileadoran military attacks a ship not an immediate threat to to the city, the attacking ship's crew will be detained in the following order:
Navy>Army>City Legal
Of course it is generally assumed that the Queen would not handle this unless special case presented itself. Queen always holds final word.
Furthermore, if the attacking ship is attacking under another kingdom's word, or acting in a way that isn't coherent to Eileadoran Specific Legislature, it may be considered an act of war pending Queen's final word.
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Councilwoman Amanda Lynn Corliss proposal
Council Bill Proposal A.N.1- The Safe Harbor and Dock Act
This is a joint army and navy based bill.
The proposal is that if a vessel not of Eileadoran military attacks a ship not an immediate threat to to the city, the attacking ship's crew will be detained in the following order:
Navy>Army>City Legal
Of course it is generally assumed that the Queen would not handle this unless special case presented itself. Queen always holds final word.
Furthermore, if the attacking ship is attacking under another kingdom's word, or acting in a way that isn't coherent to Eileadoran Specific Legislature, it may be considered an act of war pending Queen's final word.
Why don't you come over to my office and we have a little chat?