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Criminal justice system of Urcea: Difference between revisions
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==History== | ==History== | ||
Trials for crimes and civil suits in [[Urcea]] are first attested to during the medieval period, with most occurring under the auspices of arbitrators appointed by the [[Apostolic King of Urcea]] or by local nobles, with irregular procedure followed in most cases. Modern courts gradually took form over the late {{wp|Renaissance}} and early modern period. The right of Urceans to trial on various matters was affirmed in the [[Great Bull of 1811]], greatly increasing the importance and relevance of the courts as a political and social institution. Much of the modern provincial court system came into being with the reorganization of [[Urcea]]'s internal apparatus initiated by the [[Administrative Reorganization Act of 1892]]. The Reorganization Act provided each province, state, and crownland would be subject to its own court which would have coterminous jurisdiction to the province. The reorganization created a commission to study the issue of the creation of a {{wp|Supreme Court}} and replacement of the preeminence of the Archducal Court, but said commission did not complete its work by the time of the restoration. The reorganization kept the conrudimental court system as most parties agreed it was one of the most successful reforms implemented prior to the reorganization, but the conrudimental courts now had specific, well-defined provincial jurisdictions. | |||
Ecclesiastical courts were established in [[1589]] as part of the {{wp|counter-reformation}} in an effort to root out heterodoxical or corrupt members of the [[Catholic Church|Catholic]] clergy. These courts were originally subject to the [[Imperial Inquisition]] and were largely responsible for issuing {{wp|indictment}}s against priests accused of corruption or heresy, with the indictments forwarded on to higher inquisition institutions. With the [[Recess of the Julii]], the ecclesiastical courts were separated from the Inquisition and made subject to the State with the approval of the Urcean bishops in 1817. The courts continued to primarily try corruption and heresy cases until [[1874]], when [[Aedanicus VIII]] successfully passed a law ending heresy prosecutions, which had largely ceased by 1850. The ecclesiastical courts were, instead, given jurisdiction over all criminal and civil accusations against the clergy, and its composition was significantly reformed. | Ecclesiastical courts were established in [[1589]] as part of the {{wp|counter-reformation}} in an effort to root out heterodoxical or corrupt members of the [[Catholic Church|Catholic]] clergy. These courts were originally subject to the [[Imperial Inquisition]] and were largely responsible for issuing {{wp|indictment}}s against priests accused of corruption or heresy, with the indictments forwarded on to higher inquisition institutions. With the [[Recess of the Julii]], the ecclesiastical courts were separated from the Inquisition and made subject to the State with the approval of the Urcean bishops in 1817. The courts continued to primarily try corruption and heresy cases until [[1874]], when [[Aedanicus VIII]] successfully passed a law ending heresy prosecutions, which had largely ceased by 1850. The ecclesiastical courts were, instead, given jurisdiction over all criminal and civil accusations against the clergy, and its composition was significantly reformed. | ||
During the administration of Aedan Escrow in the 1980s, a considerable focus was placed on criminal justice reform - Escrow's focus was on removing partisan influence from the courts, bucking a trend many good government groups viewed as a "concerning, creeping" development since the 1950s. In [[1989]], the [[Concilium Daoni]] under the leadership of [[Michael Redder]] passed the "Judicial Appointment and Term Act", which removed the partisan appointment to each level of the court by the respective Governor or the [[Procurator]]. The new [[Index of Urcean legislation|act]] created an appointment process which required the judges from higher levels to appoint qualified candidates for the lower courts, and for a non-partisan commission to select the initial group of "non-partisan" judges beginning for the term 1990. | During the administration of Aedan Escrow in the 1980s, a considerable focus was placed on criminal justice reform - Escrow's focus was on removing partisan influence from the courts, bucking a trend many good government groups viewed as a "concerning, creeping" development since the 1950s. In [[1989]], the [[Concilium Daoni]] under the leadership of [[Michael Redder]] passed the "Judicial Appointment and Term Act", which removed the partisan appointment to each level of the court by the respective Governor or the [[Procurator]]. The new [[Index of Urcean legislation|act]] created an appointment process which required the judges from higher levels to appoint qualified candidates for the lower courts, and for a non-partisan commission to select the initial group of "non-partisan" judges beginning for the term 1990. | ||
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==Types and classes of crimes== | ==Types and classes of crimes== | ||
The classes and types of crimes are established by Urcea's [[Consolidated_Laws_of_HMCM%27s_Kingdom_and_State#List_of_chapters|Penal Law]], which provides for minimum sentencing requirements and whose classifications determine what type of court tries a case. The penal law provides that the court shall determine the sentence, but provides for maximums and minimums for each type of national crime. Provinces may adopt laws assigning penalties which exceed national law, and in those cases higher courts defer to provincial law for sentencing. There are | The classes and types of crimes are established by Urcea's [[Consolidated_Laws_of_HMCM%27s_Kingdom_and_State#List_of_chapters|Penal Law]], which provides for minimum sentencing requirements and whose classifications determine what type of court tries a case. The penal law provides that the court shall determine the sentence, but provides for maximums and minimums for each type of national crime. Provinces may adopt laws assigning penalties which exceed national law, and in those cases higher courts defer to provincial law for sentencing. There are four types of crimes established nationwide - class A felonies, violent felonies, non-violent felonies, and general misdemeanors. Most misdemeanors are tried by diocesan courts, while the remainder of these federal violations can be tried by the conrudimental courts or by provincial courts with federal charges added in addition to the primary charge brought forward by the province. | ||
===Felony sentencing classes=== | ===Felony sentencing classes=== | ||
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====A1-3 Felony==== | ====A1-3 Felony==== | ||
Class A felonies have three primary classifications. A Class A-1 Felony carries with it a mandatory life sentence in prison without the possibility of parole or the death sentence in the case of a few specific crimes. A class A-2 felony carries with it a mandatory minimum of fifteen years and the maximum of life with possibility of parole. A class A-3 felony carries with it a mandatory minimum of eight years and a maximum of life with the possibility of parole. Most class A1-3 felonies relate to grave crimes, such as treason, rape, and murder, each of which can be punishable by death, as well as kidnapping, regicide, criminal conspiracy in the first degree, and criminal conspiracy to overthrow the state. Practically speaking, however, the [[Capital_punishment_around_the_world#List|death penalty]] has not been employed in [[Urcea]] since the 1970s. | Class A felonies have three primary classifications. A Class A-1 Felony carries with it a mandatory life sentence in prison without the possibility of parole or the death sentence in the case of a few specific crimes. A class A-2 felony carries with it a mandatory minimum of fifteen years and the maximum of life with possibility of parole. A class A-3 felony carries with it a mandatory minimum of eight years and a maximum of life with the possibility of parole. Most class A1-3 felonies relate to grave crimes, such as {{wp|regicide}}, treason, rape, and murder, each of which can be punishable by death, as well as kidnapping, regicide, criminal conspiracy in the first degree, and criminal conspiracy to overthrow the state. Practically speaking, however, the [[Capital_punishment_around_the_world#List|death penalty]] has not been employed in [[Urcea]] since the 1970s. | ||
====B Felony==== | ====B Felony==== | ||
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====D Felony==== | ====D Felony==== | ||
Class D felonies carry a maximum term of seven years and a minimum term of one year for nonviolent felonies and two years for violent felonies. Examples of class D nonviolent felonies include criminal trafficking of religious icons, theft of the {{wp|Eucharist}}, bribery, forgery, promoting prostitution, perjury and examples of class D violent felonies include abortion in the first degree (including by doctors in an intended abortion or by the loss of a child following an assault or murder), assault of a priest, or assault in the second degree. | Class D felonies carry a maximum term of seven years and a minimum term of one year for nonviolent felonies and two years for violent felonies. Examples of class D nonviolent felonies include criminal trafficking of religious icons, theft of the {{wp|Eucharist}}, bribery, forgery, promoting prostitution, perjury and examples of class D violent felonies include abortion in the first degree (including by doctors in an intended abortion or by the loss of a child following an assault or murder), assault of a priest, or assault in the second degree. The majority of crimes related to promotion of the [[Illegal vice trade in Urcea|illegal vice trade]] are included within class D felonies. | ||
====E Felony==== | ====E Felony==== | ||
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====A Misdemeanor==== | ====A Misdemeanor==== | ||
Class A misdemeanors carry penalties of up to 364 days in jail or a fine not to exceed ₮750. Examples of a Class A misdemeanor include {{wp|petit larceny}} or damage to public property. | |||
====B Misdemeanor==== | ====B Misdemeanor==== | ||
Class B misdemeanors carry penalties of up to 3 months in jail or a fine not to exceed ₮250. Examples of a Class B misdemeanor include {{wp|public lewdness}} or loitering for the purpose of using illegal narcotics. | |||
==Criminal procedure== | ==Criminal procedure== | ||
Urcea's code of criminal procedure traces its current form to the [[Great_Bull_of_1811#Seventh_Statement|Seventh Statement]] of the [[Great Bull of 1811]], which guarantees Urceans a speedy trial and trial by a jury of their peers. This Statement forms the basis of the [[Constitution of Urcea|Constitutional]] rules for the rights of the accused. The Great Bull is silent on the matter of criminal investigation by the police, but courts have interpreted the [[Great_Bull_of_1811#Eighth_Statement|Eighth Statement]] and other statutes to apply a general entitlement to {{wp|due process}} and presumption of innocence by the accused. | |||
===Investigation and arrest=== | ===Investigation and arrest=== | ||
====National police==== | ====National police==== | ||