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Changing Sentencing for Criminal Codex
Posted: Sun Mar 01, 2015 12:23 am
by Todd McCloud
2. High crimes will carry a minimum sentence of twelve month regional and forum ban and a maximum sentence of permanent regional and/or forum ban, revocation of citizenship, and/or permanent prohibition of future citizenship.
After reading that particular clause from
Section 2 of the Criminal Codex, I believe the law is a little too rigid in many cases and should be treated instead as a case-by-case basis. I mean, I don't even know if I agree with separating things as high crimes, felonies, and misdemeanors. Sure, I think they're crimes, but I mean I'd assume there are degrees of these crimes.
To this end, I'm recommending the following changes to the Criminal Codex:
Section 2,2 wrote:2. High crimes will carry a minimum sentence of twelve month regional and forum ban and a maximum sentence of permanent regional and/or forum ban, revocation of citizenship, and/or permanent prohibition of future citizenship.
Section 3,2 wrote:2. Felony crimes will carry a minimum sentence of one month forum ban and a maximum sentence of twelve month regional and/or forum ban.
Note that there is no minimum limit for Misdemeanor crimes (Section 4,2) so this falls in line with already established precedent. This is nothing unusual; rather, it gives our court system more flexibility to address issues which may not be so black-and-white, or may have unique circumstances. In short, it gives our Pschent flexibility and entrusts them with sentencing they deem necessary.
Changing Sentencing for Criminal Codex
Posted: Sun Mar 01, 2015 12:25 am
by Ainocra
In light of the recent court cases I agree that the Pschent needs more flexibility in sentencing. I support this amendment
Changing Sentencing for Criminal Codex
Posted: Sun Mar 01, 2015 12:25 am
by Lord Ravenclaw
I support this. I would appreciate it if the Deshret would please support this amendment. In the space of a week, I've had two of the most controversial cases in Osiran history before me in court, and in many ways I've felt that the legal code has caused me difficulty... I don't think we ever expected to have to use the legal code.
Changing Sentencing for Criminal Codex
Posted: Sun Mar 01, 2015 12:40 am
by shetef
I also support this. The minimum sentences were taken from the old KRO Criminal Code when I wrote this (or maybe the Equilism Criminal Codex). In theory it sounded good at the time (when OFO was still young and had to be a bit strict). In practice, it hasn't worked out quite as well as I'd have liked.
Changing Sentencing for Criminal Codex
Posted: Sun Mar 01, 2015 12:56 am
by Tim Stark
Full support.
Changing Sentencing for Criminal Codex
Posted: Sun Mar 01, 2015 7:58 am
by North East Somerset
Yes, this seems sensible.
In principle, I like the idea of precisely defined laws. But in reality, within the constraints of the NS system - the lack of resources, the low quality of lawmaking, the political pressures and lack of independent judiciary, etc - it's simply more practical to have more versatile criminal codes, and trust in the practicality of the people appointed to serve justice. Of course, sometimes, this doesn't work due to corruption or just sheer stupidity - but well, overall I've seen more damage caused by people trying to literally interpret poor laws, than people trying to create a sensible compromise based on more vague laws.
Support.
Changing Sentencing for Criminal Codex
Posted: Sun Mar 01, 2015 10:20 am
by Revall
Definitely support.
Changing Sentencing for Criminal Codex
Posted: Sun Mar 01, 2015 1:44 pm
by Andrew
Seeing as there are several individuals in support, i would like to motion this to a vote.
Changing Sentencing for Criminal Codex
Posted: Sun Mar 01, 2015 2:07 pm
by Ainocra
seconded
Changing Sentencing for Criminal Codex
Posted: Sun Mar 01, 2015 4:25 pm
by Vaculatestar
I support this amendment.