Criminal justice system of Cartadania

The criminal justice system of Cartadania is the system of practices and institutions of Cartadania directed at upholding social control, deterring and mitigating crime, and sanctioning those who violate laws with criminal penalties and rehabilitation efforts. The Cartadanian legal system is partially based on Urcean common law in all jurisdictions except Bahia and São Andreas, which use Caphirian civil law-based systems in criminal trials.

History

The history of the criminal justice system of Cartadania, and the legal system as a whole, is quite unique for where it is positioned in the world. Cartadania originated as a group of southwestern provinces within the Imperium of Caphiria, a civil law country where criminal law is codified. In spite of this and the provinces from which it originated being civil law jurisdictions until 1618, Cartadania transitioned to a common law system in the late 1681, when the Constitution of Cartadania was ratified. Even with this considered, two states–Bahia and São Andreas–continue to operate under the same civil law systems established before their independence.

Historically speaking, prior to the 1800s, Cartadania carried one of the most brutal penal systems in the western world, short of public execution. The death penalty was quite common, stretching down as far as Class 3 felonies and sometimes further, depending on the courts and jurisdiction. Because it is a common law system, there was no set codification on how each crime was to be tried, and the severity of the punishment varied not only across state lines but across county and municipal boundaries as well. During the onset of Cartadania's imperial endeavors, prisoners were often used for convict labor in territories (especially early Ceylonia), and the conditions in which they were kept and had to endure are notoriously well-known around the country. Since the introduction of more standardized legal procedures beginning in the 1800s, however, punishments have waned in severity until they reached their current points in the late 1980s.

In instances where the parties may still disagree on what the law is today, the court trying the case looks to past precedential decisions of relevant courts (sometimes as far down as county courts) and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision via a principle known as stare decisis. If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, called a "matter of first impression", and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue as one party or the other has to win, and on disagreements of law, judges make that decision. The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants.

Though not fully based on the Urcean system, this makes it apparent that Cartadania does occasionally utilize a form of continuous codification, whereby the precedents and decisions made by judges pertaining to specific parts of federal law can be agglomerated and used to amend or rebuild a law. In a sense, this means that the system could also be considered functionally civil as well, or a mix of the two. Nonetheless, the framework without the current definition of continuous codification is antecedent to its usage, and the inconsistent usage of the procedure overall leaves the system as primarily and nominally common law.

Types and classes of crimes

In Cartadania, both felonies and misdemeanors are classified 1-6, with Class 6 being the least severe and Class 1 being the most, though some states may use an alphabetic system, ranging from A-E, with E being the least severe and A being the most. Some offenses, though similar in nature, may be felonies or misdemeanors depending on the circumstances. For example, the illegal production, distribution, or possession of controlled substances may be a felony, although possession of small amounts may be considered and tried as only a misdemeanor. Possession of a deadly weapon may be generally legal with a license, but carrying the same weapon into an area such as a school or place of worship is typically viewed as a serious offense, regardless of whether there is intent to use the weapon. Additionally, driving under the influence in some states may be a misdemeanor if a first offense, but a felony on subsequent offenses.

Sentences involving minors are the most commonly disputed and overturned cases in Cartadania due to the minor retrial law which requires that a person who committed a crime while under the age of 18 be heard in court no more than 90 days past their 18th birthday. This sometimes results in an overturning due to new evidence or changes in laws, an appeal to a higher court, or in more severe cases, continuing with previous adjudication. When a minor is tried with a misdemeanor, their record is cleaned at 18 if they were 16 or younger at the time the crime was committed or 21 if they were 17 or older.

Federal law differs from state and territorial law as far as expungement laws. Most jurisdictions have laws that allow or even require the expungement of juvenile records in all cases once the juvenile reaches a certain age. In some cases, the records are destroyed while other times they simply are "sealed." The purpose of this is to allow a minor who was accused of criminal or "delinquent acts" to erase his or her record, typically at the age of 17 or 18. The idea is to allow the juvenile offender to enter adulthood with a "clean slate," shielding him or her from the negative effects of having a criminal record, such as discrimination from employment or other rights of citizens at the age of majority.

Felonies

In Cartadania, a felony is a crime that is punishable by a minimum of one year's imprisonment, or in more extreme cases (i.e., Class 0), by death. Historically under common law, felonies were crimes punishable by either death or forfeiture of property. All felonies remain a serious crime, but concerns of proportionality (i.e., that the punishment fits the crime) have in modern times prompted legislatures to require or permit the imposition of less serious punishments, ranging from lesser terms of imprisonment to the substitution of a jail sentence or even the suspension of all incarceration contingent upon a defendant's successful completion of probation. Throughout the country, in both the common law jurisdictions and the two civil law states, an attempt to commit a felony is itself a crime.

Class 0

A so-called "Class 0" felony is a sub-classification of Class 1 felonies that automatically result in the death penalty. Also known as trigger felonies, they are typically described as crimes that pose an immediate and serious threat to life for a group of individuals. They can range from homicide and familicide to massacre and genocide. Whether the crimes are spurious or premeditated does not seem to carry much weight in the legal system, although some crimes, such as unintentional vehicular manslaughter, that are caused by severe weather or other uncontrollable circumstances, are more likely to be reclassified into a life-sentence or multi-year sentence. Although Cartadania has legally struck down the use of the death penalty in all other classes, these specific crimes continue to be tried "summa poena" with the adjudication continuing "poena mortis" in most jurisdictions, including the federal courts.

A key and recent example of this is the massacre of 14 people in eastern Cartadania in late 2021. On 4 September 2021, Cane Pendry, a Luso-Varshani man from São Andreas, was arrested in Cambria for the murder of a young woman outside of a local restaurant just outside of the state capital. Detained in a Cambria State Prison for 14 days before being bought to trial, the State of Cambria ruled "Summa poena", though without the death penalty, as the state made it illegal in 2009, meaning a life sentence. However, Pendry appealed the decision up to the Cambria Supreme Court, which ruled in favor of the lower court on 27 September 2021. However, on 30 September 2021, just 3 days after the Supreme Court trial, the Cartadanian Federal Court of Appeals for the First Circuit subpoenaed Pendry to Valorica. According to an investigation conducted by the Triessa Department of Justice, São Andreas Justice Department, and the court systems of both states, Pendry had been linked to fourteen separate murders occurring between the two states, in addition to the Cambria homicide in an event that would later become the Laurinburg Massacre. On 12 October 2021, after being held in federal prison for two weeks, the Federal Court of Appeals for the First Circuit adjudicated Pendry "poena mortis" and Pendry was moved to Institution 9J, where he was executed nine days later. It has been the most recent use of a trigger-felony to date.

Misdemeanors

A misdemeanor in Cartadanian law is any other crime punishable by imprisonment with a minimum of less than one year or by fine. Unlike a felony, an attempt to commit a misdemeanor is a crime only if specifically prescribed as such by law. Even if a criminal charge for the defendant's conduct is normally a misdemeanor, sometimes a repeat offender will be charged with a felony offense. For example, the first time a person commits certain crimes, such as spousal assault, it is normally a misdemeanor, but the second time it may become a felony. Misdemeanors usually do not result in the restriction of civil rights, but may result in loss of privileges, such as professional licenses, public offices, or public employment. Such effects are known as the collateral consequences of criminal charges. Consequently, both misdemeanors and felonies can result in particular forms of discrimination, especially in employment. Some states have specific laws to avoid this issue, such as specific records for employers that do not list minor crimes. This is especially true of minors, who, barring the adjudication of a felony, will usually have their record wiped at 18 (if 16 or younger) or 21 (if 17 or 18).