Criminal justice system of Caphiria

The criminal justice system of Caphiria is part of the Judiciary of Caphiria. Responsibility for criminal law and criminal justice in Caphiria is handled by the Ministry of Justice. Caphiria's criminal justice system features three primary tiers - the investigative system, the criminal court system, and the correctional system.

Types and classes of crimes

Caphiria's Penal Code provides for three classes of crimes including felony, misdemeanor and petty offense, as well as 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 five types of crimes established nationwide - First-class Felonies, Second-class Felonies, delicts, and infractions.

Petty misdemeanors and infractions are tried by prefectural courts, while the remainder of these national violations can be tried by district courts or by provincial courts with national charges added in addition to the primary charge brought forward by the province.

An attempt to commit a felony is itself a crime, whereas an attempt to commit a misdemeanor is a crime only if specifically prescribed as such by law.

Felony class

First-class

In Caphiria, First-class felonies are crimes of the most seriousness. They may be either violent or nonviolent. First-class felonies 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. The most common first-class felonies are 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. Additional first-class felonies may be crimes against peace, crimes of apartheid, forced disappearance, attempted genocide, conspiracy to commit genocide, the act of genocide, incitement to genocide, grand piracy, sexual slavery, unlawful/forced slavery, unlawful torture, waging a war of aggression, and war crimes

Second-class

Second-class felonies are not as severe as first-class felonies, but are still crimes of high seriousness. Like with first-class felonies, second-class felonies may be either violent or nonviolent. Second-class felonies carry a maximum of 25 years and a minimum of three years in the case of nonviolent felonies or six years with the possibility of parole after three years for violent felonies. Examples of second-class felonies are arson, animal cruelty, aggravated assault or battery, bribery, forgery, fraud, robbery, manslaughter, organized crime, perjury, tax evasion, criminal possession of narcotics with the intent to sell, criminal diversion of pharmaceuticals, threatening a magistrate, and blackmail.

Misdemeanor class

Delicts

Delicts are based around the idea of wrongful conduct and is an intentional or negligent act which gives rise to a legal obligation between parties even though there necessarily isn't a contract between them. When considering pursuing such a claim, one must prove, in addition to the existence of some recognized form of loss, that three additional criteria have been met: firstly one must demonstrate that the pursuer was owed a duty of care, secondly one must prove that the defender breached this duty of care and lastly one must show a causal link between the defender's breach of the duty of care and the loss complained of by the pursuer. Delicts carry a maximum punishment of 12 months of incarceration.

Examples of delicts are assault, petty theft, invasions of privacy and interference with property, false imprisonment, unlawful prostitution, intentional infliction of emotional distress, and defamation.

Infractions

Infractions are the least severe type of crime and are certain minor or petty offenses that may be proceeded against summarily, and without a jury. The appointed judge, or a panel of three magistrates, decides the guilt or innocence of the accused. Each infraction is specified by statute which describes the (usually minor) offence and the judge to hear it. These can include criminal and civil citations, where a person may be charged with a criminal or non-criminal infraction without the need of a physical arrest, such as in cases of non-violent fineable violations, crimes that carry little incarceration time, or non-criminal acts such as speeding. Other examples of infractions include public intoxication, simple assault, disorderly conduct, trespassing, shoplifting, vandalism, reckless driving, indecent exposure.

Criminal investigative system

The Codex of Latin Criminal Procedure contains the rules governing criminal procedure in every court in Caphiria and can be considered to be somewhere in between the inquisitorial system and the adversarial system.

The Codex contains five "books." Book I, the conduct of the prosecution and investigation, covers the authorities charged with prosecution and investigation, inquiries and identify controls, and investigating jurisdictions. Book II, trial jurisdictions, specifies proceedings in the assize court, the trial of delicts, the trial of contraventions, and citations and service. Book III, channels for extraordinary recourse, mandates procedures for the petition for review and petitions for revision. Book IV describes procedures for some particular proceedings. These include trial in absentia; forgery; a case involving the disappearance of procedural papers; the regulation of judges; transfer from one court to another; recusals; offenses committed abroad; and the prosecution, investigation, and trial of offenses in economic and financial matters. Book V, execution proceedings, covers the execution of penal sentences, detention, parole, sentence suspension, recognition of the identify of convicted persons, imprisonment for payment, statute of limitation for punishments, the record of convictions, the rehabilitation of convicts, and the costs of justice.

The Urban Cohort (CU) is the principal law enforcement agency and domestic security service of Caphiria, operating under the jurisdiction of the military and receiving oversight from the Office of Judiciary Enforcement within the Ministry of Justice. The CU utilizes two types of officers, public security officers (oesitiors) and field agents (vigiles). An oesitior does not possess the same authority as a vigilum; the most important distinction being public security officers do not have the power to arrest. Caphirian law states public security officers can not question someone for more than twelve hours, unless that someone is a major suspect of a crime, in which case it could be extended to twenty four hours. If an Oesitior found enough evidence for a crime, they can submit it to their commanding field agent for an arrest or if there is limited evidence or considered misdemeanor, they can impose administrative detention for up to fourteen days.

The main parties to a criminal trial are the judge (judex), the defendant (reo),  and the prosecutor (procurator). There are other parties that are optional, and they are: the arresting CU officer, the laesa (injured party), and the responsible pro mercedem, who can be compelled to pay damages and/or fines, if the defendant is not solvent. The procurator is the one who, during the preliminary investigations, must look for evidence. Since they are a member of the Judiciary, their primary goal is simply to discover the truth, looking not only look for evidence that can lead to a conviction, but also that which may lead to an acquittal.

Investigation

The two basic elements of a crime are the act of doing that which is criminal (actus reus), and the intention to carry it out (mens rea).

Once the CU becomes aware of the fact that a crime was committed, the investigation process begins: in Caphiria, the district court prosecutor, known as the procurator, has the duty to initiate criminal proceedings. The provocatus (the person who is suspected to have committed the crime) can charge a lawyer to investigate on that person's behalf, in order to prove innocence. The District Court can appoint experts to carry out examinations; and, when the examination cannot be repeated (for instance, an autopsy), he must inform the provocatus, so that he can appoint another expert, to ensure his right of defense. In the case of interrogations, of searches and of seizures, the provocatus can ask that his lawyer be present.

The CU has to secure warrants to search for or seize evidence. A warrant is also necessary for an arrest, although if the crime is very serious or if the perpetrator is likely to flee, it can be obtained immediately after arrest. An Oesitior can summon a civilian for investigative purposes, and can use force if the civilian refuses to cooperate, and when approved by a superior officer. Caphirian law states Oesitiors can not question citizens on authorized grounds more than eight hours, unless the citizen has violation that could result in administrative detention, in which case, the questioning could be extended to 24 hours.

Arrest

Within twenty-four hours after placing a suspect under detention, the CU has to present their case before the procurator, who is then required to apprise the accused of the charges and of the right to counsel. Within another twenty-four hours, the procurator has to go before a judge and present a case to obtain a detention order. Suspects can be held for 14 days (extensions are granted in almost all cases when requested) pending an investigation and a decision whether or not to prosecute. A suspect can be taken into custody after arrest and before prosecution for up to 23 days.

Once a detention order is granted, the suspect is formally arrested and moved into an administrative detention center to await prosecution. The suspect will then remain in the detention center for the remainder of the judicial process, excluding trial and other instances where they would be needed in a courtroom or to have a meeting with a lawyer or magistrate. A suspect may be held for up to fifteen days or thirty days for multiple misdemeanors. Once a suspect is charged by the CU, the case is turned over to the procurator who determines which lower court (penal, civil, administrative, military) will have jurisdiction over it.

Prosecution

Prosecution can be denied on the grounds of insufficient evidence or on the prosecutor's judgment. Book I of the Codex of Latin Criminal Procedure states after weighing the offender's age, character, and environment, the circumstances and gravity of the crime, and the accused's rehabilitative potential, public action does not have to be instituted, but can be denied or suspended and ultimately dropped after a probationary period. Because the investigation and disposition of a case can occur behind closed doors and the identity of an accused person who is not prosecuted is rarely made public, an offender can successfully reenter society and be rehabilitated under probationary status without the stigma of a criminal conviction. Institutional safeguards exist to keep this discretionary power in check; committees are established in conjunction with branch courts and meet on a quarterly basis to hold inquests on a prosecutor's decisions. These committees have the authority to order a closed case be reinvestigated and prosecuted. Victims or interested parties can also appeal a decision not to prosecute.

The judex primo inquisitionis (Judge for Preliminary Investigations) controls the actions of the procurator, when the personal rights of the provocatus are at stake. No provocatus can be wiretapped, unless the Judge for the Preliminary Investigations has authorized it. All measures must be adopted by the Judge with an order, and he must also publish written explanations of his decisions. If the Judge for Preliminary Investigations agrees that the case should be prosecuted, the judge will make an order for court transfer; if the criminal charge is regarded as an infraction, the case will be judged by the appointed judge or a panel of three magistrates; if it is deemed as a misdemeanor, it will be transferred to the appropriate lower court for trial; if the case involves a felony, it must first be referred to the district court of appeal for prosecution rather than directly to the court.

Persons who are ordered to appear and offer evidence must do so. Any refusal to appear before the court is deemed as punishable by contempt of court. It is not necessary for the person being investigated to take an oath like other witnesses, on the premise of the person who has been investigated is capable of calling a lawyer for assistance. Witnesses other than the civil claimant cannot acquire the assistance of a lawyer unless they are advised to accept the investigation. In such cases, the trial judge must warn the witnesses in advance. As for the criminal proceedings, they shall be conducted in writing or made into a written record immediately afterwards, instead of presenting to public and likewise they are not adversary in form except in the extremely limited circumstances.

Criminal court system

Hierarchy of courts

Main article: Court system of Caphiria

Caphiria has a court system divided into two broad categories - national and local - with five primary courts (prima atrium legis) and several special courts (solutus atrium legis). National courts generally have jurisdiction over all civil and criminal matters triable in the judicial system, whereas local courts are restricted to minor civil matters involving amounts of money up to $1,000,000 and also the majority of criminal and summary prosecutions.

National courts

The highest court in Caphiria is the Supreme Court of Caphiria (Tribunalis Ultima) which ensures the correct application of law in the inferior and appeal courts and resolves disputes as to which lower court (penal, civil, administrative, military) has jurisdiction to hear a given case. From a criminal law perspective, the Supreme Court is focused on charges brought against the Imperator and serious First-class felonies. Under the Supreme Court is the Court of Appeals, which serves as the intermediate appellate courts of Caphiria, with original and appellate jurisdiction to hear cases involving defendants accused of first-class felonies or serious second-class felonies. The last type of national court are District Courts, which are the courts of first instance for the national judicial system of Caphiria. The district court is both the court of original jurisdiction and appellate jurisdiction. As an appellate court, it hears appeals from the local courts within its territory, usually in specially designed appellate divisions, or, in the case of smaller district courts, sections. There are also limited cases in which this court has original jurisdiction. District courts are courts of law, equity, and admiralty, and can hear both civil and criminal cases as long as it relates to national law.

Local courts

At the top of local courts are Provincial courts, which deal with criminal cases that tend to be second-class felonies in nature, or multiple delicts such as assault, baiting, or intentional infliction of emotional distress. Proceedings are generally open to the public, but access can be restricted for example in cases about sexual offences. The lowest court of Caphiria are prefectural courts, which are general administrative courts that handle numerous types of cases relating to disputes between private persons and the authorities. Prefectural courts handle criminal cases where imprisonment is for less than three years such as petty hooliganism, public drunkenness, and serious traffic violations of a non-criminal nature.

Correctional system

Main article: Correctional system of Caphiria

The final step in the criminal justice system is the correctional system. The correctional system of Caphiria (including prisons) operates under the Department of Incarceration, part of the Ministry of Justice. The Department of Incarceration has the primary role, responsibility and authority to change prison laws, rules and regulations.The correctional system is split between an administrative detention system and a judicial incarceration system, each with its own types of staff, facilities, and procedures. Caphirian law makes a legal distinction between the concepts of detainment, indictment, and imprisonment. As such, the balance of power is spread very evenly across the correctional system and the legal system, and the legal authority across the various departments is very clear.

On confinement, prisoners are first classified according to gender, nationality, type of penalty, length of sentence, degree of criminality, and state of physical and mental health. They are then placed in special programs designed to treat their individual needs.

Administrative detention

The administrative detention system is composed of public security departments at the township, regional, and provincial levels of Caphiria. These public security departments can issue detention orders and hold detainees at their own detention centers for a maximum of 90 days. There are two types of legal detainment: administrative and compulsory.

The most common type of detention, administrative detention, is for misdemeanors in accordance with the law for up to fifteen days or thirty days for multiple misdemeanors. Teenagers of sixteen years old or younger, and women who are pregnant or feeding an infant less than one years old are exempt. Teenagers aged fifteen to seventeen are exempt from their first misdemeanor. Due to Caphiria's lack of formal juvenile facilities, administrative detention centers are used in place for juvenile offenders.

Compulsory rehabilitation, the second type of administrative detention, is typically imposed on drug addicts who refuse or failed community rehabilitation, or who began to reuse after previous community rehabilitation for a duration of two years ordinarily. As with administrative detention, local public security departments issue the order for compulsory rehabilitation. Rehabilitation centers are often run by the public security departments and, in some places, in cooperation with public health departments. Compulsory rehabilitation may also be used as a form of treatment for other types of addiction or mental health illness. Compulsory rehabilitation programs are in three month "blocks", which guides prisoners in “structured activities” to help prisoners with alcoholism, drug abuse, and mental illness through individual and group therapy.

Incarceration system

The incarceration system's main responsibilities are to ensure the completion of criminal penalties by convicted persons. The management and administration of prisons and adjacent correctional institutions are operated by the Department of Incarceration, which also ensures the protection of the prisoners’ physical well-being and rights under the Caphirian government. The incarceration system is intended to resocialize, reform, and rehabilitate offenders. As the principal law enforcement agency, the IPF is responsible for responding to calls for service, investigating criminal activity, and regularly patrolling high-crime areas.

There are three types of "incarceration institutions" operated by the Department of Incarceration: open prisons, prisons, and provincial prisons.

The Department of Incarceration maintains a local head office in each province. There, a prison service department controls the organization of the prison service, personnel matters, basic and advanced training for prison staff, budgets, construction, cooperation in prison service legislation, the employment of prisoners, and vocational training and education for prisoners. It also reviews petitions and complaints and its representatives visit and inspect the prisons regularly.

The incarceration system designates each facility under one of several security levels. Most prisons and provincial prisons where offenders serve sentences of less than 24 months, or are held in pre-trial and pre-sentence custody, have cells at different security levels within the same facility.

Types of prisons

Open prison

Open prisons are the most common and low-level type of prison in the Imperium. Criminals who have never been imprisoned (or were imprisoned for a maximum of three months) are generally assigned to open prisons. Prisoners are able to complete their sentence with minimal supervision and perimeter security and are often not locked up in their prison cells. However, prisoners in open prisons do not have complete freedom and are only allowed to leave the premises for specific purposes, such as going to an outside job or scheduled home visits. Prisoners in open prisons are considered to pose little physical risk to the public and are mainly non-violent criminals. Minimum security prisoners live in less-secure dormitories, which are regularly patrolled by correctional officers. Open prisons have communal showers, toilets, and sinks. An open prison generally has a single fence that is watched, but not patrolled, by armed guards. At facilities in very remote and rural areas, there may be no fence at all.

Prison

Prisons are usually large in size and are headed by a warden and few deputies, with a team of police from the Department of Incarceration. Female prisoners and juvenile offenders are held in separate facilities other than male adult prisoners. Typical prisons contain those convicted of minor offences and who are serving shorter sentences no more than a few years in length. Prisoners sleep in cells that fit four with lockers to store their possessions, with each cell having shared showers, toilets and sinks. Most convicts engage in labor, for which a small stipend is set aside for use on release. Under a system stressing incentives, prisoners are initially assigned to community cells, then earn better quarters and additional privileges based on their good behavior. Cells are locked at night with one or more correctional officers supervising. There is less supervision over the internal movements of prisoners. The perimeter is generally double fenced and regularly patrolled. Prisoners are provided multiple forms of education including vocational, life skills, basic education, healthy living, and technology education. The average sentence served in a prison is between 3 and 10 years.

Provincial prison

Provincial prisons are run by the provincial offices of the Department of Incarceration and are for prisoners sentenced to imprisonment for a long period (more than 10 years) convicted of offences such as murder, manslaughter, terrorism, rape, wounding with intent, robbery, serious firearm and explosives offences, offences against the state, those sentenced under the Official Secrets Act, or any attempts of those offences. In a provincial prison, all prisoners have individual cells with sliding doors controlled from a secure remote control station. Prisoners are allowed out of their cells for 8 hours per day to preserve a sense of normalcy. When out of their cells, prisoners remain in the cell block or an exterior cage. Movement out of the cell block or "pod" is tightly restricted using restraints and escorts by correctional officers. As with general prisons, provincial prisons are offered access to education, workshops, gyms, and healthcare. Provincial prisons have a penal labor system that is regulated through the Department of Incarceration (with oversight from the Ministry of Justice). While inmates do not earn a competitive wage, the income they do make goes towards a "pension" of sorts that is drawable upon release from prison.

National prison

National prisons are the most secure facilities designed for people such as terrorists or political prisoners deemed a threat to national security, and inmates from other prisons who have a history of violent or other disruptive behavior in prison or are suspected of gang affiliation. These inmates have individual cells and are kept in lockdown, often for more than 23 hours per day. Meals are served through "chuck-holes" in the cell door, and each inmate is allotted one hour of outdoor exercise per day, alone. They are normally permitted no contact with other inmates and are under constant surveillance via closed-circuit television cameras. Inmates are always handcuffed in the presence of officers. When escorting inmates, officers are unarmed to prevent inadvertently placing a weapon in the vicinity of the prisoner. Escorting officers do carry pepper spray. Weapons and other equipment are carried by officers manning an elevated catwalk.