Elven Law

Crime and Punishment                                                           

The following crimes are punishable by a fine: exposed or drawn weapons in public (1st offense), public intoxication, public display of hunting trophies, child abuse (1st offense), failure to be a helpful citizen/good Samaritan, any excessive lewd or bawdy behavior, militia’s discretion.

The following crimes are punishable by jail time: theft, arson, poaching, disrespect to authority, failure to obey militia, morally derelict behaviors and attitudes, unlicensed sale of drugs and paraphernalia, unlicensed sale of weapons and armor, militia’s discretion.

The following crimes are punishable by execution and/or banishment: rape, murder, deforestation, disrespect to the Goddess and Emperor, treason, use of poisons and toxins, human heritage, use of dark magic, Emperor's discretion.

Any and all crime can be appealed to the proper authority, the Emperor's/Empress' word is the final word in all matters of crime and punishment, but social pressure by traditionalists has been known to sway this, sometimes drastically.


*THE HONOR CHALLENGE

An ancient tradition that is still legal on the books but avoided because of social pressure is that of a challenge over Honor. If it is deemed that someone has slurred the name of a citizen, their family or their lifestyle, it is legally their right to challenge the offending person to a battle for their honor. This duel is typically to the death, but some form of maiming or simple beating, depending on the severity of the insult and status of the offender, is considered legally and socially acceptable. An proper overseer must be present, a noble of unrelated status to either side, and all all rules of mating challenges are in effect, save the absolute imperativeness of death of one or the other: challenger/challenged.

Towskish Substantive Criminal Law                                                           

To begin, every crime consists of proving each and every element of the crime as stated in procedural law and substantive law.

Substantive:

"The guilty mind": When a certain intent is a necessary element in a crime, the crime cannot have been committed when the intent did not exist. If the criminal mind was not present, and is necessary for the burden of proof, and if the suspected indulged in no such conduct, the crime cannot have been committed.

"Specific Intent" or "General Intent": The crime for which the suspect is accused, must carry with it proof of a specific intent. This means that the prosecution must prove that no only did the suspect -do- certain acts, but that they did the acts with the intent to cause a particular result. General intent is a lesser form of intent requiring only that the suspect's act itself is expressive of a culpable state of mind. It is when someone acts, without compulsion, committing a crime that is not based on negligence, and does not require any particular form of specific intent.

"Overt Act": Some type of overt act must be committed toward the perpetration of a crime. A plan or scheme to commit a crime, without more, is not a crime (unless directed toward a noble body). Some overt act must have taken place to commit the crime.

"Strict Legal Responsibility": Crimes that are punishable merely by doing a particular act.

"Gross Negligence Responsibility": Willfully disregarding the results to others that might follow from an act or failure to act. In order to find the suspect was grossly negligent, you must find each of the following three things:
1.  That the suspect knew of the danger another , that is they knew there was a situation that required them to take ordinary care to avoid injuring another, or allowing further injury done.
2.  The suspect could have avoided injuring another by using ordinary care.
3.  The suspect failed to use ordinary care to prevent inuring another when, to a reasonable person, it must have been apparent that the result was likely to be serious injury.



Types of Crimes                                                         

"Offensive Felony": Shall be construed to mean any offense for which the offender, on conviction may be punished by death, or by imprisonment in state prison.

"Misconduct": Any act or commission, not an offensive felony, is punishable according to law, by a fine, penalty or forfeiture, and imprisonment, or by such fine, penalty or forfeiture, or imprisonment , in the discretion of the Empire shall be considered misconduct.

"Effort": Attempted Crime. Any person who shall attempt to commit an offense prohibited by the law or do any act toward the commission of such offense, but shall fail in the perpetration, or shall be intercepted or prevented in the execution of the same, when no express provision is made by law for the punishment of such attempt, shall be punished as follows:
1.  If the offense attempted to be committed is such as is punishable with death, the person may be convicted and be guilty of an offensive felony. Punishable by death or life in prison as deemed appropriate by the Empire.
2.  If the offense so attempted is punishable by imprisonment in prison for life, or for five years or more, shall be guilty of an offensive felony and punished in prison by a term of not more than five years or not less than one year.
3.  If the offense attempted to be committed is punishable by imprisonment in prison for a term of less than five years, they will be found guilty of misconduct and imprisoned for no more than one year or may not exceed 1,000 evar; but in no case shall the imprisonment exceed 1/2 of the greatest punishment which might have been inflicted if the offense so attempted had been committed.

"Conspiracy": Any person who conspires together with one or more persons to commit an offense prohibited by law, or to commit a legal acting an illegal manner is guilty of the crime of conspiracy and shall be punished as such:
1.  Crimes against nobility and the Empire: Death.
2.  Crimes against the common man: Possible death, imprisonment, or punishment not to exceed 10,000 evar.

"Aiding and Abetting": Any person concerned in the commission of an offense, whether they directly commit the act constituting offense, or procures, counsels, aids, ore abets in its commission may hereafter be prosecuted, indicated, tried and convicted and shall be punished if they had directly committed such offense.
1.  Before the fact: Offensive Felony Aiding and Abetting. Shall be tried for the crime, aid to criminals as a second crime to study for conviction, up to life imprisonment.
2.  After the fact: Misdemeanor Aiding and Abetting. Shall be tried for aiding and/or abetting, and punished by up to one year in prison, and not in excess of not more than 1,000 evar.



Defenses-Procedural Law                                                            

Entrapment

Perfect Defense (meaning that all charges must be immediately dismissed) that alleges that except for the conduct of governmental agents, the defendant would not have committed the crime charged.

Capacity

Capacity is defined as the mental ability of the defendant to form the intent of the crime. Capacity involve the defendant not being able to perfect the necessary state of mind to prove an element (-intent-) of the offense. This is often found with specific intent crimes. This could involve the following (affirmative defenses mean that you are admitting to the acts of the crime. not the intent, all of these are affirmative defenses):

Insanity-the quality of the act and knowing whether it was right or wrong. If found Insane, the suspect would be placed in the care of the Nicolo family, who has developed a work program to keep people in line as well as productive, and while there, are seen regularly by shamans to preserve a more calm mental strength.

Legal Insanity-an defense to a prosecution that the suspect was legally inane when committing the acts constituting the offense. If legally insane, the suspect is treated as one who has plead insanity and is released from the farms only if they are deemed mentally healthy by the Nicolo family. However, they may never have to spend time on probation or in a treatment facility if they are considered, now, legally sane.

Guilty but Mentally Ill-All of the following must be present:

-Defendant is guilty beyond a reasonable doubt of an offense.

-It has been proven by a preponderance (around 51% sure) of the evidence that he or she was mentally ill at the time of the commission of that offense.

-Suspect has not established by a preponderance of the evidence that they lacked the substantial capacity either to appreciate the nature and quality or the wrongfulness of his or her conduct or to conform to the requirements of the law.

The defense of insanity is complete when the suspect waives their right to trial, by jury or by Prosecuting Inquisitor, may accept a plea of guilty or a plea or a plea of no contest. The Emperor shall not accept the pleas without the suspect's consent, has examined the reports prepared in totality by both prosecuting and defending Inquisitorial parties, and makes a determination based on those reports and a preponderance of the evidence for insanity.

The court shall then set sentence, ordering terms usually prescribed by a Nicolo shaman. The Empire may, however, decide that they wish to send a message to the people and declare a completely different and elementary sentence based on their own conclusions, decisions, and morality.

If found guilty but mentally ill, and is placed on probation, they will, by way of the prosecuting attorney, be placed in a treatment program run by the Nicolo family, on an outpatient basis, and will be placed with a Militia's Royal Mages Guild officer for the term of their probation for supervision. That officer will make reports to the Inquisitorial Prosecutor for follow-up.


Alibi: A perfect defense. The suspect was elsewhere at the time the crime was committed.

Duress: An affirmative defense. Applicable when an act created where the crime committed avoids a greater harm. Murder is not

defensible by duress.

Abandonment: When a conspirator abandons a conspiracy against the Empire, Nobility, business, or common man, they must do something to let his co-conspirators know that they are abandoning the conspiracy, voluntarily, and must do something to be sure that the conspiracy is stopped for intrinsic reasons.

Legal and Factual Impossibility: Impossibility occurs when, because of the defendant's mistake of fact or law, his or her actions could not possibly have resulted in the commission of the substantive charge underlying and attempt charge. Legal is a defense to an impossibility of a charge of attempt. Factual is a defense to an impossibility to a charge because the act was never consummated through circumstances beyond the suspect's control.

Self Defense: The defendant does not really have to prove that they acted in self-defense. Instead, the Inquisitorial Prosecutor must prove beyond a reasonable doubt that the suspect did not act in self-defense.

USE OF DEADLY FORCE:                                                         

1. When in fear for own life or life of another.

2. When in fear of great bodily harm to self or another.

3. During "hot pursuit" by the Militia or Militia's Royal Mages Guild.

When in defense of others, if fear of great bodily harm or death is not part of the picture, then force reasonable and

equal to that of the attacked is justified and considered self-defense.

-An elf has NO duty to retreat when attacked or when defending others or their property.

CRIMES                                                         

Crimes Against Persons

When there is a question of whether a crime will be charged as a Offensive Felony, Misconduct, or Attempt, the Inquisitorial Prosecutor will decide.

Assault: An attempt to offer with force and violence, to do bodily injury to another, by force, or force unlawfully directed toward the person of another. MISCONDUCT OR ATTEMPT

Battery: A willful touching of the person of another by the aggressor or by some substance put in motion by them, and is the consummation of assault. MISCONDUCT OR ATTEMPT

Domestic Assault: MISCONDUCT

Assault with great bodily harm: OFFENSIVE FELONY

Assault or Battery of the Emperor, Empress, Government Official, or Noble (in any capacity, not in Challenge): OFFENSIVE FELONY

Assault with intent to murder: OFFENSIVE FELONY

Mayhem: Any person who, with malicious intent to maim or disfigure, shall cut out or maim the tongue, put out or destroy an eye, cut or tear off an ear, cut or slit or mutilate the nose or lip, or cut off or disable a limb, organ, or member, of any person and every person privy to such intent who shall be present, aiding in the commission of such offense, shall be guilty of a felony, punishable by death, imprisonment, or by a fine of not more than 50,000 evar, depending on the severity. ATTEMPT, MISCONDUCT, or OFFENSIVE FELONY (as deemed by the Prosecuting Inquisitor).

Assault, Battery, Domestic Assault, Intent to Murder, and Mayhem against a pregnant female elf: OFFENSIVE FELONY

Children:

Exposing children with intent to abandon or injure. MISCONDUCT or OFFENSIVE FELONY

Child Abuse: MISCONDUCT or OFFENSIVE FELONY

Good Samaritan: While an elf has no legal responsibility to help another in trouble, if they see an elf in trouble, they do have a responsibility to go immediately to any militia member to report the incident. MISCONDUCT

Interference in Child Custody: MISCONDUCT

Solicitation for sex: MISCONDUCT (lesser)

Solicitation for murder or any other offensive felony: OFFENSIVE FELONY

Rape: OFFENSIVE FELONY or MISCONDUCT

Rape1: Penetration + any circumstance 1-12 FELONY

Rape2: Contact + any circumstance 1-12 FELONY

Rape3: Penetration + either circumstances 13-15(any) FELONY

Rape 4: Contact + 13-15(any) FELONY

Circumstance:

1. Under 15. 11. Mentally/Physically incapacitated and related by 4th degree.

2. 13, 14, 15 and blood affinity. 12. Mentally/Physically incapacitated and suspect in position of authority.

3. 13. 14, 15 and same household. 13. Age 13-15

4. 13, 14, 15 and position of authority. 14. Force or coercion used.

5. Committed with another felony. 15. Victim is mentally/physically incapacitated.

6. Multiple actors and victim in physically/mentally multiple actors and force or coercion.

7. Incapacitated.

8. Armed or appears armed.

9. Person injury beyond rape act.

10. Injury to mental/physically incapacitated victim.

Child sexual abuse: OFFENSIVE FELONY PUNISHABLE BY DEATH ALWAYS

Homicide: Offensive Felony

Second Degree Murder (intent only to do great bodily harm): OFFENSIVE FELONY

Voluntary Manslaughter: OFFENSIVE FELONY

Involuntary Manslaughter: MISCONDUCT OR OFFENSIVE FELONY

Assisted Suicide: Not a criminal act as of 80 A.S.

Negligent Homicide: MISCONDUCT

Kidnapping: MISCONDUCT or OFFENSIVE FELONY

Stalking: MISCONDUCT

Robbery: MISCONDUCT

Armed Robbery: OFFENSIVE FELONY



Crimes against property will be handled by the Inquisitors alone, and any fine or jail time is applicable save death, unless the crime causes death.

ORDER of OPERATIONS                                                         

Simplified:

Prosecution goes first.
Offers up their opening statements. Defense may follow or may wait until the opening of their case-in-chief.
They call their witnesses, may not lead.
Defense then crosses, may ask leading questions.
Prosecution then may redirect, still may not lead.

Defense then goes (depending on whether or not they open up the trial with their opening statements, or wait to begin case-in-chief.)
IF not done, opens with opening statements.
May call witnesses, may not ask leading questions.
Prosecution then may cross, asking leading questions if necessary.
Defense then may redirect, still may not lead.

Closing arguments, Prosecution, then Defense.
Each get a rebuttal statement.
End trial.

There are variations.

Obviously this is a 'bench trial'. The defense may request a 'bench' or 'jury' trial. A 'bench' trial leaves the Magistrate in charge of the verdict. A 'jury' trial takes a group of six members of society to decide the fate (innocent/guilty/deadlock) of the Defendant.

Those jury trial members are decided upon in 'jury selection'. Each side gets to dismiss up to six people of the total number WITH good cause (explained to the Empress-Magistrate who will decide if the cause is just), and three they may be dismissed without naming cause.

Objections:

Leading: Leading questions to the witness when not allowed.

Evidence not Entered: Evidence not confirmed as fact, delivered as though it were. There IS an exception to this, in witnesses deemed by the court to be "expert" witnesses.

Harassment: When one side or the other keeps at a witness and it seems to be to the point of harassment. This is after the following-

Asked and Answered: When the witness has asked and answered a question and the questioning party asks the same question, perhaps with very faint revisions.

Objection for ... : Either side may object for what they feel is something in the proceeding that is against the law or against court conduct. They will describe to the Magistrate the reason for objection.