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MP Civil Law

Page history last edited by Michael 5 years, 1 month ago

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     This page describes the general nature of law in place throughout South and Central America. There was usually an entirely separate military code, dealing with military affairs.

 

Origin

 

     Civil law is derived from the Code NapolĂ©on. The features that will mostly stand out to our (American) players is the fact that precedent and "case law" have no effect, and the lack of juries.

 

The Codes

 

     The "rules" consist of whatever written (or agreed-on) set of basic rules, plus all statutes and laws enacted or decreed from that point. In Mexico before the Atomic War, the Constitution of 1917 was the origin of all law, and sets out many basic human rights, along with "aspirational" goals for society and government. Subsidiary to the Constitution are:

 

Civil

 

     This deals with family law (such as marriage, divorce, and inheritances), property law, trusts, and contracts

 

Procedural

 

     The rules for court cases and government proceedings. In most 22nd Century nations this includes criminal cases.

 

Penal

 

     All of the punitive laws.

 

Commercial

 

     How companies are organized and regulated, bankruptcy, maritime law, issuing currency, banking, etc.

 

Criminal Justice

 

      Before the Atomic War, a government ministry composed of prosecutors and their investigators received cases from the police agencies, and made the decision of what crimes (if any) to present to the judiciary for a case. In the smaller communities of the 22nd Century, investigation and referral is usually done by the police themselves.

      Unlike the common law system our American players are probably familiar with, in this system, evidence is presented to the judge who makes a ruling -- no juries are involved, and there is little or no oral, argumentative portion of a case. Before the Atomic War, a trial was conducted almost entirely in writing, except for some dramatic scenes at the beginning, and at the end (when sentence is passed). Before the Atomic War, the requirement that documents and evidence be in a form that strictly conformed with the law and rules was a major portion of a lawyer's work.

     Judges are presumed and required to be entirely righteous, skilled and impartial; defendants are legally presumed to be innocent until proven guilty.

     The judge reviews all the testimony and evidence presented by the prosecution (including any confessions), and then delivers the case file to the defendant's attorney, who can object to items of evidence, provide alternate views, and submit mitigating or exculpatory evidence. After the defense attorney has submitted their entire rebuttal, the judge issues a verdict which reflects the entire body of evidence and applies the written law to it.

     At the discretion of the judge, defendants can be held in custody during a trial; in practice during the 20th Century this resulted in 40% of the inmates of Mexican jails and prisons being incarcerated despite not having been convicted.

     Appeals are possible only in cases of judicial or police error (not following the law or rules, including the laws against bribery, political interference, etc.). No new evidence can be introduced, and the entire case becomes "legal truth" as far as the facts on file with the court. Within the Ancient nation of Mexico, there were various layers of higher courts; in most 22nd Century Latin American communities, there will be at most one higher court. The highest-level court may review cases submitted to it, or can "attract" cases it feels need a review.

     Criminal trials result in a verdict of innocent, guilty, or dismissal with or without prejudice (and in case of a guilty verdict, a sentence). The head of state, or person with a similar position, can issue pardons -- unlimited, or conditional.

     One effect of the "legal truth" principle works in favor of defendants -- no case resulting in a verdict of innocence, or dismissed with prejudice, can be re-opened by the government.

 

Courts in the 22nd Century

 

     In North America, there are rarely any judges above those who hear cases; investigation and referral is performed by the police. If a defendant is found guilty, service their sentence, or a pardon, are the only legal options.

 

Crimes and Punishment

 

      The crimes and usual punishments found in 22nd Century Latin America include:

 

Crimes

Offence

Punishment

Murder

death

Manslaughter (death caused without premeditation)

3 years

Mayhem, with intent to maim or disfigure

$500 or 7 years

Attempted murder or manslaughter

$500 or 3 years

Arson

$2,500 and 20 years

Robbery

15 years

Assault, with intent to commit murder or rape

20 years

Assault, with intent to commit some other serious crime

$1,500 or 10 years

Assault, general

$150 or 3 months

Rape

death

Carnal knowledge with female under 15

15 years

Seduction of spouse

$500 or 1 year

Larceny, of items of value $50 or less

$500 or 1 year

Larceny, of items of value over $50

$5,000 or 10 years

Forgery

$500 and 3 years

Piracy

life imprisonment

 

     Some regions or communities may not have established prisons; in those cases courts may apply corporal punishment, mutilation or branding, enslavement, loss of some civil rights, confiscation of lands, denial of rights, exile or outlawry, group retribution, or other penalties.

     The value of slavery depends on the age, skills, health, etc. of the person being enslaved (or assigned to involuntary labor). An adult slave can be sold for about $500 in a region where they can be bought and sold. Skills (such as mechanic or blacksmith) will double the value of a slave; unwanted conditions such as age, ill-health, disease, addition or disability will halve the value of a slave.

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