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Satnik

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Posts posted by Satnik

    Boiling Broke and Transportation

    in General Discussions

    Posted

    Actually wrote a four-paragraph-long opinion which just diluted the whole point of discussion - managed to stop and spare everyone at last moment.

    Hopefully, in near future once the server gets on its feet properly, that duty can become some sort of mixed responsibility of both the arresting officer and special unit or department (wink) detailed for, among everything else, prisoner transport on larger, more organized scale. I have arguments for this though I feel this is not the proper place to voice them.

    Until then, I'm 100% in favor of having alternative for sake of both the arresting officer and the perp: standard being direct transport to the facility in-person or having someone else do it, for processing or an exception (which will hopefully not become a rule) to allow both arresting officer and the perp to skip that part and directly be teleported to the facility.

    Great question btw.

    San Andreas Judiciary / Courts, what would you like to see?

    in General Discussions

    Posted

    This is very critical moment in which playerbase has to be immediately convinced and assured that the courts and court RP will function. Based from what was covered in this topic, it seems majority of work was done already and the rest remains but a formality. Nice job.

    Due to practical reasons, it's only reasonable to establish system that will run smoothly - this means most of stuff will simply have to occur on forums. However, I believe everything in power should be done to allow players who would genuinely like to engage in court roleplay to do so and give them a chance. Maybe down the line, once the judiciary has a decent number of staffing, some sort of "on-duty judge" system could be established, to ensure one judge could always be reached out to during the "workday", to allow for such kind of impromptu roleplay to take place. Maybe down the line in near future.

    In addition, hosting more or less frequent group hearings (pardon my ignorance, I'm not sure what the proper English term is - the kind of stuff they do in "Caught in Providence") to allow people to contest their lesser offences (infractions and some misdemeanours). It would really send out a message that courts are there, ready to take a big bite, and that people shouldn't hesitate to engage in that kind of roleplay.

    Unrelated, but I'm 100% in favor of not having to go through departmental IA first in order to file a lawsuit. Doesn't make sense and gives the respective IA body too much power in that segment. As for the clerks being NPCed, not necessarily a good idea. Clerks and legal interns are positions where aspiring judges, attorneys and prosecutors start off. Having that kind of position open for human players might, you never know, allow for complete laic to one day pursue real-life career in law.

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    [Discussions / Questions] San Andreas Penal Code

    in Laws & Acts of San Andreas

    Posted · Edited by Satnik
    Typos, clarification

    I feel as though having system of fixed sentence lengths is unnecessary and against the basic principles of law. Not sure if this is the appropriate platform for voicing this opinion, but I believe having system of relatively determined punishments, expressed in ranges, is much better. This should especially be the case when referring to 187. Murder, which I will use as example going ahead.

    For example, instead of having fixed punishment of 8 hours, the direction this should be taken in is having relatively fixed punishment, prescribed in range of, say, 1 hour to 8 hours for First Degree Murder. Second Degree Murder could have 1 hour to 6 hours or could (as controversial as this may seem) be subsumed under Murder. Manslaughters could have 30 mins to 5 hours and et cetera. With this in mind, Penal Code should have, within introductory provisions, explicit prescription of both minimal and maximal punishment and should, which goes without saying, have Criminal Procedure Code made as soon as possible to support it.

    This would not only provide for more accurate and fair imposition of sanctions, but also encourage more roleplay and involvement from Courts. Now, I understand the practical execution of entirety of criminal procedure for every single offence there is would be, to say the least, difficult, legal basis for said approach exists.


    010. Officer Discretion
    "A peace officer is entrusted with using their good judgement and reasonable knowledge of the law to make the decision to exercise discretion in the performance of his or her duty where allowed by the law."



    It would be a lie to say peace officers in LSRP aren't something of Judges (Judge Dredd universe) themselves, given the impracticality and impossibility of having every alleged offender taken before the court (though it's sure something worth striving towards), which is why application of argumentum a maiori ad minus is possible. In English: if peace officer is given authority to exercise discretion and choose not to initiate criminal proceedings in form of deprivation of liberty (i.e. arrest), within OOC standards and reason,

    that would mean they have the authority to give lesser sanction as well.

    One of purposes of punishment (at least in continental European legal theory) is special prevention, meaning to prevent and deter the offender from recidivism. If peace officer, in specific situation, given the offender's behaviour, prior criminal history and nature of crime (along with all other aggravating and mitigating circumstances) believes the crime in question is serious enough so officer discretion can't be applied BUT not serious enough to book the offender for the maximum punishment, they can book them for minimum possible sentence prescribed by law. If offender believes this to be too much, this would encourage them to sort of "appeal" their arrest before the court and encourage more judicial roleplay, with future District Attorney's Office getting involved as well.



    TL;DR add punishment ranges instead of fixed sentences, so as to account for aggravating and mitigating circumstances and encourage court RP

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