Osiris Fraternal Order

Ridersyl wrote:Mon May 09, 2016 12:22 pmI'm going to pitch in an idea here and say that there should be system in place where a High Crime, Felony, or Misdemeanor can be mitigated to mimicking the crime level of the type above or below it, without the Court having to modify its charge. This would be most useful in lessening the punishments of High Crimes for certain individuals in special circumstances while keeping them on the record as High Crimes.

Treize Dreizehn wrote:Mon May 09, 2016 12:53 pm

Ridersyl wrote:Mon May 09, 2016 12:22 pmI'm going to pitch in an idea here and say that there should be system in place where a High Crime, Felony, or Misdemeanor can be mitigated to mimicking the crime level of the type above or below it, without the Court having to modify its charge. This would be most useful in lessening the punishments of High Crimes for certain individuals in special circumstances while keeping them on the record as High Crimes.

This is a system that could be very easily abused. One must, when dealing with lawmaking, not only make the best system you can with the people in place today (who you trust), but hypothetical bastards (who you do not trust) at some future point. A system where crimes and the punishments for those crimes are fairly fluid would allow for the removal of unwanted people for minor offenses and a permissive nature towards those who commit serious crimes but are well liked by those in power.

I think the specific issue of unlawful disclosures can be handled without very much change to the criminal code itself. Simply make unlawful disclosures a misdemeanor.

Criminal Code of the Osiris Fraternal Order Section 1: Purpose of the Code

(1) This Criminal Code will be the fundamental Act of Osiran criminal law. Only offenses outlined in this Act will be considered crimes under Osiran law.

Section 2: High Crimes

(1) Treason is defined as any attempt to overthrow or rebel against the Osiris Fraternal Order.
(2) Sedition is defined as any attempt to aid enemies of the Osiris Fraternal Order during a time of war.
(3) Espionage is defined as the unsanctioned disclosure by an officer or agent of the Osiris Fraternal Order of confidential information relative to the interest or security of Osiris to a foreign region or its representative.
(4) Off-site Property Destruction is defined as any attempt to phish, crash, or spam any off-site property belonging to any region or organization in NationStates for the purpose of maliciously taking such off-site property out of service.
(5) Citizenship Fraud is defined as any attempt to provide false or misleading answers on one's application for citizenship in the Osiris Fraternal Order or any attempt to conceal alternate NationStates aliases during the citizenship application process.
(6) High crimes will carry a maximum sentence of permanent regional and/or forum ban, revocation of citizenship, and/or permanent prohibition of future citizenship.

Section 3: Felony Crimes

(1) Official Impersonation is defined as any attempt, for non-satirical purposes, to misrepresent one's self as an official of the Osiris Fraternal Order.
(2) Electoral Fraud is defined as any attempt to manipulate the outcome or results of any election through means which include, but are not limited to, violating electoral law or lawfully established electoral practices, impeding proper electoral administration, or officially misrepresenting electoral results.
(3) Administrative Abuse is defined as any attempt by off-site property administrators or moderators to use administrative or moderation power to improperly access, edit, or delete the account(s) or post(s) of any user of Osiran off-site property; to commit or aid in the commission of any other crime; or to conceal criminal behavior.
(4) Bribery is defined as any attempt to offer favors or gifts to voters or any electoral official(s) to influence any election or to the relevant official(s) to influence any appointment.
(5) Conspiracy is defined as any attempt to incite or cooperate with one or more others to commit or conceal a high crime or felony.
(6) Chronic Misdemeanor is defined as the frequent commission of multiple misdemeanor crimes.
(7) Felony Misdemeanor is defined as the commission of multiple misdemeanor crimes.
(8) Felony crimes will carry a maximum sentence of twelve month regional and/or forum ban and corresponding suspension of citizenship.

Section 4: Misdemeanor Crimes

(1) Unlawful Disclosure is defined as any attempt to disclose information to anyone who is not authorized to view such information without the explicit approval of the government official(s) responsible for said information. The definition of Unlawful Disclosure will not be construed to criminalize disclosure of illegal activity to the appropriate authorities.
(2) Impersonation is defined as any attempt to misrepresent one's self, for non-satirical purposes, as another known NationStates player.
(3) Fraud is defined as any attempt to provide false or misleading information for the purpose of obtaining any significant benefit or advantage, political or otherwise.
(4) Judicial Contempt is defined as any attempt to disrupt the order of criminal or civil hearings or demonstration of repeated disregard for proper hearing procedure.
(5) Unlawful Recruitment is defined as any attempt to recruit residents of Osiris to another region or organization in NationStates through any Osiran off-site property or through the in-game Regional Message Board.
(6) Unlawful Posting is defined as posting in any governmental area in which one is not authorized by the relevant government official(s) to post or excessive, out of context posting on the Regional Message Board or in any area of Osiran off-site property that is not designated for that purpose.
(7) Unlawful Campaigning is defined as posting electoral campaign messages in any area of Osiran off-site property other than those designated by electoral officials. The definition of Unlawful Campaigning will not be construed to prohibit campaign links or imagery in forum signatures or to prohibit candidates from private outreach to voters.
(8) Misdemeanor crimes will carry a maximum sentence of one month regional and/or forum ban and corresponding suspension of citizenship.

Section 5: Definitions

(1) Osiran off-site property is defined as the regional forum of the Osiris Fraternal Order, the internet relay chat channel #osi, any Skype chat maintained for regional use, and any other medium of off-site communication maintained for regional use.
(2) Off-site property is defined as any medium of communication that exists separately from the NationStates website.
(3) Phishing is defined as any attempt to gain administrative or moderation power over off-site property or passwords to off-site property accounts by deception.
(4) Crashing is defined as any attempt to maliciously cause off-site property to go out of service or lose information, including but not necessarily limited to improper deletion of posts, deletion of off-site property, and deliberate posting of content of such a nature that it could cause an off-site property host to delete the off-site property.
(5) Spamming is defined as any attempt to waste or exceed server capacity or to cause off-site property to become temporarily inaccessible, including but not necessarily limited to excessive page access, excessive account creation, excessive posting, and denial of service attacks.

Section 6: Sentencing

(1) The official(s) responsible for criminal prosecution will detail recommended sentences when prosecuting criminal offenses, according to proper procedure.
(2) Sentences may include formal censures or warnings, forum bans, in-game ejections, in-game bans, revocation of citizenship, and prohibition of future citizenship, consistent with the maximum sentencing prescribed by this Act.

Section 7: Jurisdiction

(1) The Osiris Fraternal Order will have jurisdiction to prosecute high crimes and felony crimes without regard to the location or medium in which such crimes are committed.
(2) The Osiris Fraternal Order will have jurisdiction to prosecute misdemeanor crimes only if they are committed via Osiran off-site property or the in-game region Osiris.

Section 8: Statute of Limitations

(1) In order to be valid, a charge of a high crime must be filed by the official(s) responsible for criminal prosecution within twelve months of the date the alleged offense occurred.
(2) In order to be valid, a charge of a felony crime must be filed by the official(s) responsible for criminal prosecution within six months of the date the alleged offense occurred.
(3) In order to be valid, a charge of a misdemeanor crime must be filed by the official(s) responsible for criminal prosecution within three months of the date the alleged offense occurred.

ARR wrote:Thu May 12, 2016 2:40 pmIf we are going to have such strict punishments, we really do need a very stringent judicial process to make sure people are not wrongfully convicted.