Adrian Judicial Reform by Christopher A. Bayonet

[Dept of PMM Artists & things]

Author's Note: Historically in Adria we have had cases where the penalty (or sentence) assigned to a particular crime was outside anything that has ever been done and/or will be done for the same crime. These articles are an effort to correct this, and to take the emotion out of sentencing a party. If someone commits Crime A then they will have Sentence A for the prescribed period of time. (The court can always go more lenient on the person in question, but may not exceed that which is written.)

 

These guidelines if enacted would also provide a definition of what each of these charges mean, and it would be up to the Plaintiff and/or their duly appointed advocate to prove that the defendants actions fit that definition. If they fit the definition, the prescribe sentence is the maximum that can be levied, if the court wishes to go "easy" on the person they can always choose a less severe sentence.

 

Unless otherwise noted all the different charges can be handled by a "Royal/Ducal Court" or in the case of a Knight a "Court of Chivalry." Some charges due to Severity can only handled by an Imperial Court ... and others due to the leniency of punishment can be handled by a "Hundred's Court."

 

Occasionally when a guilty member has been charged and sentenced you can see at a later point that they are truly sorry for their crime. The original sentencing body shall be allowed to reconvene at a later point and DECREASE (though they may not increase) the sentence up to and including considering the sentence served and reinstating the member fully as if they had served the full sentence.

 

Additionally the time served in the sentence only may only count if the membership is active. If someone receives a 3 year sentence they can not let their membership lapse for three years and then come back with full rights. Any time which membership lapsed does not count in serving of their sentence. (The exception being "Banishment from the Empire" they can not pay the membership, and honestly if they committed an act that harmed the empire ... do we really want them back anyway??)

 

Treason is not a charge that should be taken into lightly, and as such ONLY the Appropriate Estates Body (Local for Local, Imperial for Imperial) duly convened may enact this charge. It requires a 2/3 majority vote of the Estates to enact.

 

If the sentencing involves the loss of titles, rank, etc.. you can not "re-earn" these while under such penalty. Your ability to receive any accolade of the type which have been stripped is frozen until you sentence has been completed. (i.e. If you are under a 10 year ban from exercising Knightly Rank and Accolade you may not "re-earn" those Rank and Accolades until your sentence has elapsed; thought you may still earn the points to do so at the end of your ban.).

 

To convert a charge to "Lifetime" the Local Estates must vote on it and pass it with a 2/3 Majority Vote. After which the Imperial Minister of Justice will present any "Lifetime" sentences to the Imperial Estates during their report. The Imperial Estates reserves the right by a 2/3 Majority to rescind the Lifetime Sentence and have the non-lifetime version of the sentence prior to the Local Estates conversion be served out.

 

Treason

Defined as any act which because of its action would be cause for charges to be filed under another provision AND was against direct orders from either a Local or Imperial Crown to do so. (Exception: Charges of Insult do not and will not carry charges of Treason with them.)

 

• Striking of ArmsAfter the striking of arms has been lifted, an additional charge of an inverted Gold Fleur-di-Lys shall be permanently added to their arms (Badges and Devices Both) in all forms of display (Tabard, Shield, Banners, etc..) The Fleur-di-lys shall be banded in Silver for Local and Gold for Imperial. If there is both a Local and Imperial Charge of Treason then they shall display both charges. This "Mark of Shame" shall be displayed on all Heraldry which is currently, has ever been and will ever be registered to the member in question regardless of if they change persona.

1. Local - Can only be handled by a Royal/Ducal Court; "Court of Chivalry" requests to be denied.

• 1 Year for First Time Offenders

• 3 Years for Second Time Offenders

• 5 Years for any Offense thereafter

1. Imperial - Can only be handled by an Imperial Court; "Court of Chivalry" requests to be denied.

• 3 Year Period for First Time Offenders

• 5 Years for Second Time Offenders

• 10 Years for any Offense thereafter

• If the charge is Treason to the Local Crown, Additional Sentence as per "Harm to the Subdivision" per charge of Treason.

• If the charge is Treason to the Imperial Crown, Additional Sentence as per "Harm to the Empire" per charge of Treason.

• Additional Sentences as per "Malfeasance of Office"

Harm to the Empire

Defined as any act which if performed would do irreparable harm to the organization, its members and/or its reputation 

Can only be handled by an Imperial Court; "Court of Chivalry" requests to be handled by Chivalry from throughout the Empire (i.e. A representative from each "Recognized" Region of the Empire). "Recognized" defines as having a representative on the Board of Directors for that Region.

 

• "Exile" - Banishment from Adria for 1 years per Charge; The Imperial Crown may extend this to 3 years per charge and the Imperial Estates may impose Lifetime Banishment. This is the only sentence that can be served while not a member of the Game.Can petition the Imperial Estates after 1/3 of their time has been served for reinstatement into the Game

• PERMANENT Loss of all titles, rank and Orders (Including the "Order of Chivalry".) The member in question must RE-EARN them all upon readmission after Exile.

Harm to the Subdivision

Defined as any act which if performed would do irreparable harm to the chapter, its members and/or its reputation

• If of Knightly Peerage, Suspension of All Knightly Rank (no title, regalia, privileges or votes)6 months per Account of "Harm to the Subdivision" for a First Time Offender, 1 year per Account for each time thereafter.

• Suspension of all Titles and Orders (Exception "Order of Chivalry" handled as above) Awarded6 months per Account of "Harm to the Subdivision for a First Time Offender, 1 Year per Account of "Harm to the Subdivision."

• Banishment from the Local Court. The member may still participate in another subdivision; just not their own.6 Months per Account of "Harm to the Subdivision."; May be extended to 1 Year per Account by the Imperial Crown.

Insult to Honor, Rank, Title or Office 

Defined as any act which does not fall under Harm to the Empire/Subdivision nor Conduct Unbecoming; and insults a members honor, rank, title, station or office. One such instance would be not calling a King "Your Majesty" would fall under her rather than Conduct Unbecoming.

Can be handled by a "Hundred's Court."

Insults do not count as Treason or Conduct Unbecoming and as such do not carry the additional weight of a charge of Treason nor Conduct Unbecoming. The Imperial Minister of Justice and their duly authorized deputies can downgrade any charge which would more appropriately fit under here to a charge of "Insult." In doing so will be readjusting the sentence to the ones prescribed under these charges. In determining if a charge is "Insult" or "Conduct Unbecoming" we need to examine the intent of the action and the person committing the act. 

• "Duel" - Challenge Issued. The Plaintiff gets to choose the arena for the challenge to take place while the defendant gets to pick the time frame until the challenge is met

• "Crusade" or "Pilgrimage" - 

• If insult was to a Crown AND the defendant loses at the challenge they must accept 3 months banishment per Insult from the appropriate court. 

• If the insult was to the Crown, that Crown may choose a Champion on their behalf if they so wish. 

(Note: It is called "Crusade" if the challenge was of a Combat or Archery Nature and "Pilgrimage" if the challenge was of a Arts & Sciences or Ministry Nature. It is not "Exile" as the member in question can still participate in other courts, just not the one where the offense was made.)

 

Conduct Unbecoming 

Defined as violations of Article I.C - Standards of Conduct as outlined in the Bylaws of the Adrian Empire.

Can be applied to all members regardless of Peerage

 

• Will handle all "clean-up" and other duties as the Autocrats see fit for two events per account of "Conduct Unbecoming;" And they will do this without being able to receive any points for these actions.Must all be completed before Ban/Suspension is lifted.

• Will assist any and all squires in the completion of their duties while under Ban/Suspension.

• If of Knightly Peerage, Suspension of All Knightly Rank (No title, regalia, privileges or votes)6 Months per Account of Conduct Unbecoming

• If not of Knightly Peerage, Ban from the Order of Chivalry (inability to take any knighthoods during Ban)6 Months per Account of Conduct Unbecoming

The accuser, justicar or Local & Imperial Crowns may offer up alternative sentencing such as teaching Collegia on Proper Knight Conduct and/or what the Adrian Core Values Mean and how to apply them to every day life. Each Collegia given reduces the sentence by 3 months. These Collegia would not count towards DI's and are limited to 1 Collegia per month per subdivision. 

 

Financial Indiscretions

Defined as any expenditure which had not been authorized by the Local Estates and/or its Crown for local expenditures or the Imperial Estates and/or its Crown for Imperial Expenditures. 

Can be handled by a "Hundred's Court" if the party can make restitution at the event if convicted and the amount is under $100; the Royal/Ducal Steward will hold the money (Cash only) in trust until the decision is reached.

• Repayment with 12% Interest/MonthInterest used to establish a One-Time Scholarship for any member pursuing a degree in History Education.

• Additional Sentences as per: 

• Conduct Unbecoming per $100

• Misfeasance of Office per $1,000

• Harm to the Subdivision per $2,500

• Malfeasance of Officer per $5,000

• Harm to the Empire per $10,000

• Treason per $25,000

Misfeasance of Office

Defined as improper usage of authority and/or duties granted by their office.

By "First/Second/etc.. Time Offenders we are talking how many times has this person been tried for "Misfeasance of Office" regardless how many charges are in a particular case.

• Judiciary Ban:

• 3 Months per charge for a First Time Offenders

• 6 Months per charge for a Second Time Offenders

• 1 Year per charge for any time thereafter

• Additional Sentence as per "Conduct Unbecoming" 

Malfeasance of Office

Defined as acting outside the authority and/or duties granted by their office; or acting against and/or not in compliance of those same authority and/or duties granted by their office.

By "First/Second/etc.. Time Offenders we are talking how many times has this person been tried for "Misfeasance of Office" regardless how many charges are in a particular case.

• "Jailing" - A ban on earning any points on any rolls (No Combat, Arts, Archery or Ministry Points earned during this time)

• 3 Events per Charge for First time offenders.

• 6 Events per Charge for Second time offenders.

• 12 Events per Charge for any offense thereafter.

• Additional Sentences as per "Misfeasance of Office" 

• Removal of all Ministry Points gained for the period where the "Malfeasance of Office" Occurred; If this results in the member in question no longer having the necessary points to maintain their current peerage of Knighthood, then that title, rights and privileges (including votes) will be removed as well.