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Withmore Code of Militant Justice

From The Mind
OOC Info: The information below can be considered general knowledge. It can be assumed that your character had an opportunity to come across this information in their travels or that if they were to 'look it up', this information would be straight forward to obtain.
Revision as of 08:54, 19 June 2015 by Persephone (Talk | contribs)

The laws of Withmore City are a guideline for empowered and active Judges, and a Judge may at any time interpret a situation or sentencing as they see fit, in regards to the nature of the crime, be it a more severe or more lenient punishment.

The foundation of Withmore City is its absolute justice and no one is above the law.


Contents

Death Crimes

Murder is the unlawful killing of a human being by another with malice aforethought.
Judical Murder

  • Murder committed with malice and deliberate premeditation against any member of the judical body of Withmore City.
  • Penalty: clone death on first offense; banishment on second


1st Degree Murder

  • Murder committed with malice and deliberate premeditation or with malice and extreme atrocity or cruelty. Murder committed during the commission or attempted commission of a felony punishable by clone death is also 1st degree murder.
  • Penalty: clone death on first thru third offenses; banishment on fourth


2nd Degree Murder

  • An unlawful killing with malice, but without deliberate premeditation or extreme atrocity and cruelty. Murder committed during the commission or attempted commission of a felony not punishable by life imprisonment or death.
  • Penalty: clone death


Manslaughter is defined by common law, rather than by statute. It has been divided into voluntary manslaughter" and "involuntary manslaughter."

  • Voluntary Manslaughter: Unlawful killing of the victim with the intent to kill, but without malice. The killing is mitigated and, therefore, not done with "malice" if the killing is done (1) the excessive use of force in self-defense (or defense of another), or (2) in the heat of passion caused by either reasonable provocation or sudden combat.
  • Involuntary Manslaughter: A homicide unintentionally caused by the defendant who (1) engaged in wanton and reckless conduct or (2) who committed a misdemeanor assault and battery upon the victim which had a high degree of likelihood that substantial harm would result to the victim.
  • Penalties: fine of not more than forty thousand chyen or clone death upon non-payment.


Assault Crimes

Assault

  • Defined by common law, rather than by statute. Any willful attempt or threat to inflict injury upon another while having the present ability to accomplish the same or any intentional display of force that would give the victim reason to fear or expect immediate bodily harm. No actually touching is required.
  • Penalties: under W.C.L. c. 265, s.13A: punished by: fine of not more than ten thousand chyen.


Assault & Battery

  • Any unlawful, intentional use of force against the person of another.
  • Penalties: fine of not more than fifteen thousand chyen.


Poisoning

  • Considered a type of assault & battery, includes mingling poison with food, drink or medicine or wilfully poisoning any spring, well or reservoir.
  • Penalties: fine of not more than twenty thousand chyen.


Assault & Battery with a Dangerous Weapon

  • An assault & battery is accomplished with anything that could be construed as a "dangerous weapon." In determining whether an object qualifies as a "dangerous weapon" Courts consider (1) the size and shape of the object, (2) the manner in which its used, and (3) whether the object was used to provoke fear. Almost anything could qualify as a dangerous weapon (gun, knife, shod foot, teeth, hammer, baseball bat, door, bureau, cigarette, German shepherd, etc.)
  • Penalties: fine of not more than thirty thousand chyen.


Mayhem

  • Aggravated form of assault & battery in which the defendant intentionally disfigures the victim (cutting a tongue, tearing off nose, lip or limb, gouges out eyeball, etc.).
  • Penalties: clone death or fine of not more than fourty thousand chyen.


Indecent A & B on a Child Under Age of Fourteen

  • The offensiveness to contemporary moral values, insofar as the perpetrator touches a private area of the child, distinguishes this crime from routine assault & battery.
  • Penalties: clone death


Kidnapping

  • The act of forcefully accosting and/or detaining of a citizen for ransom purposes. In multiple hostage situations, the suspect is to be charged with multiple accounts of kidnapping, as well as any further charges as the Judge sees fit. The charges can be applied to one person, or to a group of people as the attending officer deems fit.
  • Penalties: fine of not more than fifteen thousand chyen, and/or a maximum jail term of two weeks. Third offense is punishable by clone death or banishment.


Property Crimes

Robbery

  • The essence of "robbery" is the exertion of actual or constructive force against another with the intention of forcing that person to part with his property. Armed robbery consists of using a weapon to accomplish the same. The weapon need not be dangerous in fact (such as an unloaded gun), but merely dangerous in appearance.
  • Penalties:
  • Unarmed: fine of not more than ten thousand chyen.
  • Armed: fine of not more than fifteen thousand chyen; subsequent offense: fine of not more than thirty thousand chyen.


Larceny

  • Larceny is the taking of personal property with intent to deprive the owner permanently of its use.
  • Penalties: based on whether value of property is more or less than five thousand chyen.
  • Less than: fine of not more than eight thousand chyen.
  • More than: fine of not more than one hundred thousand chyen.


Arson

  • At common law, the "malicious and wilful burning the house or outhouse of another man." Under W.C.L. c. 266, s.1, the crime of arson includes the burning of a dwelling house or building adjoining or adjacent to a dwelling house.
  • Penalties: clone death or by a fine of not more than one hundred thousand chyen, or by both imprisonment and fine.


Breaking & Entering

  • Actually considered, at common law, as a crime against habitation. Defined in the common law as the breaking and entering into the dwelling of another in the night time with the intent to commit a felony therein. Modern statutes have changed this definition by expanding the crime beyond "dwellings" to railroad cars, businesses, apartments, vessels and motor vehicles.
  • Penalties: fine of not more than fifty thousand chyen.


Vehicular Crimes

Operating Under the Influence also known as OUI, DWI, and DUI

  • Operating a motor vehicle on a public way while under the influence of intoxicating liquor or drug. The prosecutor need not prove that a motorist was "drunk," only that the motorist's consumption of alcohol had diminished his ability to safely drive his motor vehicle. The Court has gone so far as to hold that the act of inserting a key into the ignition of a motor vehicle - with nothing more constitutes "operation."
  • Penalties: fine of not more than one hundred thousand chyen, additionally, the court may order the perpetrator to abstain from alcohol consumption for up to two years.


Leaving the Scene of an Accident

  • Whoever fails to stop and/or make his name, address and license plate number known after colliding with or otherwise causing injury to any other vehicle or property is guilty of "leaving the scene of an accident."
  • Penalties: fine of not more than four thousand chyen.


Operating to Endanger

  • Whoever while driving operates his motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered is guilty of this offense.
  • Penalties: fine of not more than four thousand chyen.


Motor Vehicle Homicide

  • Whoever operates a motor vehicle while under the influence of liquor or certain drugs and operates his motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered and by such operation did cause the death of a person is guilty of felony motor vehicle homicide. Misdemeanor motor vehicle homicide differs insofar as the prosecutor need only prove that the motorist was under the influence or drove recklessly when he caused the death of the person.
  • Penalties: According to whether charged as Misdemeanor or Felony
  • Misdemeanor: fine of not more than fifteen thousand chyen.
  • Felony: clone death

Possession Crimes

Possession of an Unlicensed Firearm

  • Possession of a firearm, in any form, on ones person or stored in any manner without a Firearms Permit is punishable by fines and/or imprisonment depending on the severity of the offense. In all cases the weapon will be confiscated.
  • Penalties: a fine of not more than fifteen thousand chyen, and/or clone death. A third offense violation will result in a jail term of not more than two weeks, in edition to fines or clone death.


Possession of a Restricted Firearm

  • A restricted firearm is any projectile weapon of a certain caliber or fire power rating that is deemed too powerful for civilian use. Possession of a firearm in this classification is forbidden to civilians and civilian agencies. Repeat offenders will face stiffer penalties, as the Judging Officer sees fit. In all cases the weapon will be confiscated.
  • Penalties: a fine of not more than fifteen thousand chyen, and/or a maximum jail term of one week. Third offense is punishable by clone death.


Possession of a Prohibited Weapon

  • A prohibited weapon is any weapon deemed too destructive or dangerous to be used by any citizen of Withmore City. These include: any energy based weapons, rail guns requiring over 30 MA, particle weapons, certain mono-molecular based weapons, concealed cybernetic firearms, and any explosive devices. In all cases the weapon will be confiscated.
  • Penalties: a fine of not more than thirty thousand chyen, and/or a maximum jail term of one month, or clone death. Third offense is punishable by banishment.

Public Nuisance Crimes

Lewd & Lascivious Conduct

  • Any act which the actor knows or should know is likely to be observed by others who would be affronted or shocked by the conduct.
  • Penalties: fine of not more than four thousand chyen.


Incitement of Riot

  • Any act which a Judge deems to either incite or potentially incite a riot of any kind. Charges can be laid upon a single individual or a group of individuals as the Judge sees fit.
  • Penalties: a fine of no less than twenty thousand chyen, and not more than one hundred thousand chyen, and/or a maximum jail term of one month. Third offense is punishable by banishment.


Unregistered Citizen

  • Any person or persons within the boundaries of Withmore City that

are not registered with a SIC implant or at the Withmore Hall of Justice are to be considered unregistered citizens, and are exempt from any benefits the law can provide. Due to immigration back log, penalties will only be applied after the second offense is noted by a Judge.

  • Penalty: fine of not more than 3,000 chyen. Third offense is punishable by jail term of no more than one week, at the end of which the person or persons are fixed with a SIC implant.

Judicial Crimes

Resisting Judicial Authority

  • Any civilian act which a Judge deems to be resistance to his/her Judicial authority.
  • Penalties: a fine of not more than five thousand chyen.


Undermining Judicial Authority

  • Any civilian act or series of actions that a Judge deems to undermine his/her Judicial authority or the authority of the Withmore Justice Force.
  • Penalties: a fine of not more than ten thousand chyen.


Resisting Judgment

  • Any act of excessive verbal and/or any form of physical resistance against a Judge attempting to enforce the law. This includes verbal aggression, passive resistance, and any form of physical contact. Physical contact is defined as 'any portion of the body that is willfully brought into contact with the Judge, including any bodily fluids.'
  • Penalties: a fine of not more than five thousand chyen.


Assault of a Judge

  • Any act of excessive physical resistance or active aggression directed towards the Judicial officer than could potentially harm the Judge in any manner.
  • Penalties: clone death. Third offense punishable by banishment.


Impersonation of a Judge

  • The act of impersonating a member of the Withmore Justice Force in any manner, in any communications media as well as in costume, with the effect of causing confusion or harm to one or more citizens. This includes communication over: the Secure Identification Chip (SIC), Gridphone, Radio Transmission, NLM mail services, or any form of written or digital communication.
  • Penalties: First offense is punishable of fines no more than 250,000 chyen, failure to pay fine or second offense is punishable by clone death. Third offense is punishable by banishment.


Exercising Judicial Powers

  • The act of interpreting and manipulating non-corporate law for any reason, or the act of vigilantism. Where a 'vigilante' is described as any citizen who 'takes the law into their own hands' in any manner barring self defense within reasonable means.
  • Penalty: a fine of not more than ten thousand chyen. Third offense is punishable by clone death.


Possession of WJF Equipment

  • Any non-Justice Force personnel or citizens found in possession of

any standard or tactical equipment used by the Withmore Justice Force is guilty of this offense.

  • Penalties: a fine of not more than fifty thousand chyen. Third offense is punishable by clone death. In cases of WJF tactical equipment, punishment is increased to clone death. Third offense is punishable by banishment.

High Crimes

Treason

  • Any act which the Corporate Council deems as an attempt to undermine the established political system by a citizen of Withmore City. Due to the nature and magnitude of these crimes, Judges are to detain suspects for trial.
  • Penalties: Banishment or Death.


Fraud

  • The act of deceiving any citizen of Withmore City for malicious or gainful purposes that supersede the mandates of corporate and civil law. A fraudulent act is deemed a misdemeanor if less than 3 entities were defrauded or the damages amount to less than 50,000 chyen. If more than 2 entities are involved or the amount is greater than or equal to 50,000 chyen, it is a felony.
  • Penalties: Vary depending on severity.
  • Misdemeanor: a fine of not more than twenty thousand chyen. Third offense punishable by clone death or jail term of not more than one week.
  • Felony: a fine of not more then two hundred fifty thousand chyen. Third offense is punishable by clone death or jail term of not more then one month.


Entrapment

  • The act of forcing any citizen into a compromising legal situation of any kind by manipulation of evidence, personal property, or media. This includes forced confessions under duress or non-Justice Force led interrogations, as well as threats to a citizens life or well being for the purpose of legal manipulation.
  • Penalties: a fine of not more than fifty thousand chyen, or jail term of no longer than two weeks.


Extortion

  • The act of forcing any citizen to part with intellectual or physical property by way of forceful action, threat in any form, or charging an interest rate of greater than 30% per annum on any outstanding personal or private loan.
  • Penalties: a fine of not more than fifty thousand chyen, or jail term of no longer than two weeks.


Sale of Restricted Goods

  • The sale of any restricted good, including any weapons, information, or chemical without the appropriate documentation and permits. This does not include the sale of narcotics, viral stimulants or any biological substance designed to alter ones state of mind. All are legal for sale under the Pharmaceuticals Reformation Act of 2043, as well as the Withmore Pharmaceuticals Mandate of 2072.
  • Penalties: a fine of not more than four thousand chyen.