Crime and Punishment

[👺 Usiel]

Crime and Punishment

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• Types of Crimes
• I. Homicide
  
  • A. Murder
    
  • B. Manslaughter
    
  • C. Infanticide
    
  • D. Arson.
  
  
• II. Assault and Battery
  
• III Larceny and Related Offenses
  
  • A. Theft
    
  • B. Burglary
    
  • C. Robbery/Banditry/Piracy
    
  • D. Embezzlement
    
  • E. Falsification (Fraud)
    
  • F. Coinage Offenses
    
  • G. Forgery
    
  • H. False Pretenses
    
  • I. Defaulting on Debt
    
  • J. Kidnapping
    
  • K. Extortion/Blackmail
  
  
• IV. Sexual Offenses
  
  • A. Rape
    
  • B. Sodomy
    
  • C. Incest
    
  • D. Bigamy/Polygamy
    
  • E. Adultery
    
  • F. Bestiality
  
  
• V. Religious Offenses
  
  • A. Blasphemy
    
  • B. Heresy
    
  • C. Sorcery
  
  
• VI. Political Crimes
  
  • A. Treason/Sedition
    
  • B. Duty of Loyalty
    
  • C. Bribery of a Crown Official
    
  • D. Destruction of Crown/Government Property
    
  • E. Impersonation of an Official
    
  • F. Perjury
    
  • G. Rioting/Inciting Riot
  
  
• VII. Civil/Social Crimes
  
  • A. Ordinances/Regulations
    
  • B. Conduct Codes, Morals

[li]Types of Punishments[/li]

• 1. Monetary
  
• 2. Confinement
  
• 3. Degradation
  
• 4. Torture
  
• 5. Mutilation
  
• 6. Banishment
  
• 7. Slavery/Labor
  
• 8. Death

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[👺 Usiel]

Types of Crime

I. Homicide

• Murder: Murder is a broad term. It is normally considered the taking of a human's life by another with intent or malice. However, in Naruto Forum Role-play even animals can be tried for murder. Note that in this world as creatures have intelligence and are able to speak it is possible murder would be further defined.
  
  
• Manslaughter: Manslaughter is the killing of another person without intent or malice. It is killing in self-defense or to protect one's property.
  
  
• Infanticide: In some places of the world, this is a very common crime, mainly due to the harsh penalties for other crimes. Unwed mothers can be faced with severe punishments if exposed and often kill their bastard children to conceal their guilt.
  
  
• Arson: Arson is considered a particularly appalling form of murder, perhaps because it is such a cowardly crime and so indiscriminate. At any rate, arson, is normally ranged among the crimes of murder. Furthermore, starting an uncontrolled fire poses a massive threat to property and the lives of many people due to the non-existent or limited nature of fire protection.

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II. Assault and Battery

III. Larceny and Related Offenses

• Theft: Theft is classified into degrees based on the value of the property stolen. The punishment is set accordingly. Theft is normally defined as the taking of one's property without violence or the threat of violence. Thus, pickpockets and shoplifters would fall into this category. Destruction of privacy property (such as killing a man's horse) is treated the same way as theft.
  
  
• Burglary: A more serious form of theft which involved the breaking of barriers or safeguards in order to steal, i.e. windows, doors, locks.
  
  
• Robbery/Banditry/Piracy: Robbery is theft coupled with the use of violence or the threat of violence.
  
  
• Embezzlement: Considered a very serious crime, embezzlement is the taking of money by anyone entrusted with another's money such as a treasurer, city official or moneychanger.
  
  
• Falsification (Fraud): A catch-all term used to describe anyone who uses deceit to enrich himself at the expense of another. For example, if it is discovered a baker is selling underweight rolls at the going price of full weight rolls, he could be charged under laws governing falsification. Fraud on the Crown is treated more seriously.
  
  
• Coinage Offenses: This includes the crime of making of coins with a false die. It also could be defined as the minting of coins with low-grade metals with an official die. An official coin minter could easily be tempted to substitute inferior metals in his product and pocket the real stuff.
  
  
• Forgery: This is the making of false documents, use of false seals or the use of genuine seals and letters for unlawful purposes.
  
  
• False Pretenses: This is the use of false weights and measures and/or the making of false goods. This crime also includes cheating at gambling, bilking and pawn swindles.
  
  
• Defaulting on Debt: In many places it is tantamount to theft. The generally accepted grace period for a debt is one year, unless the parties have made other arrangements (sometimes shorter) in writing.
  
  
• Kidnapping: Usually used for purposes of extortion. Punishments can vary and depend on both the victim and the perpetrator. Nobles who are caught kidnapping serfs are released and perhaps assessed a light fine, while peasants caught kidnapping nobility are punished much more severely.
  
  
• Extortion/Blackmail: Extortion is the attempt to obtain goods, services or money through violence or threat. Blackmail is a type of extortion through threat of public exposure of secret information. Blackmailing nobility or royalty is considered a serious offense.

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IV. Sexual Offenses

• Rape: Rape is the forcing of sexual relations upon another person who is unwilling or deemed unable to make a moral decision. Depending on the race and culture, rape is often associated only with women of good social standing, i.e. only virgins and widows could truly be raped. It is not likely that a man would be charged with rape if the woman is of questionable character: However, he is likely to be charged for fortification or adultery if the crime came to light. Ironically, in such a case, the victim could be charged as well.
  
  
• Sodomy: Sodomy has broader connotations that in our modern age. It refers to any sexual act that is not performed in the traditional manner.
  
  
• Incest: This is certainly a universal taboo, save among certain animalistic clans. Incest is considered to be among the most appalling crimes and the punishments are very severe.
  
  
• Bigamy/Poligamy: In many cultures polygamy is considered a serious crime. Those guilty of polygamy are considered guilty of adultery and fornication as well.
  
  
• Adultery: This is sexual relations between two partners when at least one of the partners is married to someone else. The crime is worse than fornication, for an "innocent" spouse is being victimized. In addition, the breaking of the marriage vows is considered an act against the gods.
  
  
• Bestiality: Sexual relations between humans and animals.

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V. Religious Offenses

1. Blasphemy: Abuse, reviling or defamation of the gods. Also includes cursing and swearing.
   
   
2. Heresy: Heretics are persons who deviate from the normal traditions and established doctrines of a religion.
   
   
3. Sorcery: Some cultures view Chakra, and its practitioners as the embodiment of evil. Chakra-users could very easily fall prey to various persecution campaigns.

VI. Political Crimes

1. Treason/Sedition: Any person who breeches his "contract" with his country is guilty of treason. This could entail plotting to overthrow a Daiymo, aiding an enemy, etc. Some cultures consider tax evasion or avoiding civic duties as treason. Sedition involves stirring up discontent against the state but lacks the covert act generally required for treason. This also includes incitement of others to commit seditious behavior.
   
   
2. Duty of Loyalty: In most cultures of Naruto Forum Role-Play each citizen is assumed to have a "duty" to act and behave in a way that benefits the state. Those who fail to do their civic projects, etc., are evidence of not doing one's duty.
   
   
3. Bribery of a Crown Official: Paying a public official to take action in a manner that is inconsistent with his office. Considered a serious offense.
   
   
4. Destruction of Crown/Government Property: Punishment varies with damage done. Usually includes a fine equivalent to the cost of repairs. This can also include illegal hunting on a Lord's Land.
   
   
5. Impersonation of an Official: Passing one's self off as a representative of the Government of law enforcement officer without authority to do is considered a very serious offense.
   
   
6. Perjury: Lying under oath is a very serious offense.
   
   
7. Rioting/Inciting Riot: Similar to disorderly conduct but on a larger scale. Often involves destruction of property, violence or the threat of violence and possibly violations of the duty of loyalty precept.

VII. Civil/Social Crimes

1. Ordinances/Regulations: The old empire, upon which many of the legal systems in Naruto Forum Role-play are based, was famous for its cumbersome volumes of social laws and regulations. Almost every facet of one's life eventually became the subject of regulation. Many of those laws survived to the current era.
   
   There are laws dictating what colors one can wear, what style of shoes are permissible, if weapons can be carried, etc. Many laws even enforce the distinction between the classes. If a commoner dresses beyond his means he could be punished swiftly.
   
   One aspect of the world law that strikes many players as odd is the restrictions on travel. Citizens, normally, are not allowed to come and go as they please unless they have the approval of the city council of the city that reside in or originate from. One has to apply to the town council of the city they reside in or originate from. One has to apply to the town council if he wants to visit another city. Often a deposit of money has to be left to ensure the traveler will return.
   
   If a citizen wants to move, he has to get permission and obtain notes declaring he owes no debts. Likewise, if someone wants to become a citizen, a special tax has to be paid and an oath of loyalty taken.
   
   In most states only nobility and authorized military personnel have the right to bear arms, such as sword, mace, or lance. Weapons with other uses (e.g. a hand ax) are usually allowed. Freemen can generally purchase this right for a fee. Penalties vary depending on the social status of the offender.
   
   Possession of stolen items is punishable (at a minimum) by confiscation of the property in question. Individuals may suffer stricter penalties depending on the value of the items and the social status of the perpetrator.
   
   
2. Conduct Codes, Morals: The dogma of certain religions often compel many to behave according to accepted doctrines. In addition, they compel people to ensure that their neighbors are doing likewise. Since most of the world churches forbid such things as self-pride and extravagance, it has become a crime in some places for anyone to flaunt themselves of their wealth. Women's necklines, carriage decorations, etc. are subject to the discretion of the law.

[👺 Usiel]

Types of Crime

1. Monetary

2. Confinement

3. Degradation

• Censure: Censure is a mild but very effective form of degradation. Fellow citizens are forbidden to talk with the censured criminal and he is forbidden to approach others. Censure can be administered for a short period of time or for life, depending on the nature of the crime. The censured person is often forced to wear objects or clothes alerting citizen's to his status.
  
  
• Recantation/Apology: The wrongdoer is forced to stand in a public place and recant or apologize for his crimes. This punishment is most often used when the crime involves defamation, gossip or lying. Often the accused is required to strike his offending mouth with a switch or board to signify his misdeed.
  
  
• Clothes of Degradation: The criminal, in this case, is forced to wear specifically prepared clothing that bears symbols or markings indicating the crime. Various patches have been devised with a wide variety of meanings such as: prostitution, theft, adultery, etc.
  
  
• Procession of Shame: The wrongdoer is forced to match a prescribed distance before an audience. Often clothes or items of shame are carried during the march. The procession normally involves carrying a rather heavy, cumbersome object, such as a stone to a specific location. If the item is dropped or the wrongdoer is unable to complete the task, then a harsher sentence is immediately imposed. This "trial-by-ordeal," so to speak, is required when a person's guilt cannot be proven to the complete satisfaction of the judicial body imposing the sentence. It is assumed that if the wrongdoer cannot complete the task, then his guilt is certain. On the other hand, if he completes the task easily, the judges could find comfort in the fact that they had not handed a crueler form of punishment on an innocent.
  
  
• Defamation: Defamation is a legal means for somebody who has been wronged to seek retribution. A creditor, for example, unable to collect his money from a debtor could have handbills published detailing the debtor's crime and attacking his character. The handbills can be posted all about town, making life miserable for the wrongdoer. This form of coercion would be preferable to a creditor over formal charges since a debtor would be unable to pay off his debt from prison.
  
  
• Carrying Objects of Shame: While very similar to clothes of degradation, these items are normally made of iron and wood and symbolize the crime committed. The most common object of shame is the mask. The mask is a heavy, grotesque helmet that is secured on the wrongdoer's head with a lock. A woman sentenced for spreading gossip, for example, might be forced to wear a mask with a large wagging tongue. Those forced to carry or wear these objects are, of course, made to do so in public places such as the market place. It is deemed appropriate behavior for passersby to harass, kick and ridicule the wrongdoer.
  
  
• Ban on the Bearing of Arms or Social Accouterments: The right to bear arms is a symbol of status. In addition, certain articles of clothing signify rank and social status. A wrongdoer can be denied the right to bear such items, thus depriving him of his status.
  
  
• Public Servitude: This differs from confinement and slavery. The purpose here is to have the wrongdoer perform degrading tasks such as removing waste in public view. Normally, it is a single task that lasts from an hour to a full day. Upon completion of the task the wrongdoer has satisfied the sentence and is free to go.
  
  
• Loss of Rank/Status: In many Naruto Forum Role-play societies, a social rank is determined by a town council. Meticulous records are kept of various families and their standing. Social rank dictates where a person can dine, what jobs he can hold, his ability to own property and the extent of his freedom in moving about the city. If an upper-class citizen is found guilty of a crime, his rank can be stripped away permanently or on a temporary basis. This could adversely affect one's honor.
  
  
• Denial of Burial: Players may not see this as much of a threat, but it is a very serious matter to the average person of the world. Denial of a religious ceremony and church burial is deeply dreaded. It is believed that the poor soul who is denied such ceremony is unable to enter the afterlife. (I know of at least one Game Master would disallow all chances of Resurrection unless the character concerned has been given proper rites by a clergyman of his faith.)
  
  
• Pillory: The pillory is perhaps one of the best known forms of the world as punishments. Nearly every city and town has a centrally located pillory, normally in the market place. The pillory appears in numerous forms, but they are almost always elevated in a place of prominence. The guilty are bound to the pillory during market days so that they can be ridiculed by the public and demonstrate firsthand the repercussions of violating the law. The pillory often serves as the place of execution and public floggings.
  
  
• Dunking: Dunking is used more as a degradation punishment than a physical one. It is often called the "baker's baptism" because it is a common punishment for bakers who cheat their customers. The guilty person is strapped to a chair that is mounted on the end of a long wood-beam. With the use of a pivot, the chair is lowered into a body of water and the wrongdoer is "dunked" a prescribed number of times.
  
  
• Tarring and Feathering: This form of punishment has always been identified with practitioners of "mob justice". It does have a history, however, as a statute punishment. Frequently, it is carried out on a guilty person prior to the march to the place of execution.

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4. Torture

• The Threat of Torture: The accused is merely shown the instruments of torture and forced to watch others being tortured. This would clearly demonstrate to the guilty party what would happen the next time he violated the law and perhaps be effective at obtaining a confession.
  
  
• Painful Interrogation: The accused is tortured until he provides the information requested. Once has cooperated (by telling his torturer what he wants to hear) the torture is halted. Often the accused is brought back before the judge: for furthering sentencing since he has now either confessed or implicated himself.
  
  
• Bound and Tortured: The prisoner is stripped, bound and tortured with various instruments. The object there is not to obtain information but simply to make the prisoner suffer horrendous pain for his crimes.
  
  
• Suspension and Resumption: The prisoner is tortured as in C above. He is then suspended by the wrists or ankles for a period of time and then tortured again.
  
  
• Exposure: The prisoner is tortured as in C above. Between sessions of torture, the prisoner is exposed to the elements.

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The art of torture is considered a science. Doctors specializing in torture are often employed by the state. In many societies, certain persons are immune by law from threat of torture. Children under the age of 14 who do not serve a military, pregnant women, the bedridden, etc, are often protected.[/ul]

5. Mutilation

• Blinding: This is the most severe of the mutilation punishments. Depriving a criminal of eyesight is often deemed to be harsher than a death sentence, since the wrongdoer's suffering is prolongued and inescapable. It is sometimes rendered to a criminal who is protected by law from a death sentence.
  
  Citizens are forbidden to render aid to the blinded convict and are likely to suffer the same fate if they do so.
  
  
• Removal of the Hand: A frequent for such crimes as theft, perjury, assault, cheating, etc. Different variations are applied. When sentence is rendered consideration is given to which hand the wrongdoer's primary hand.
  
  
• Removal of the Fingers: A milder form of the above, removal of the fingers is reserved for cut-purposes, pickpockets and other petty criminals. In this manner the wrongdoer is made to suffer and is marked without denying him the ability to work a trade.
  
  
• Removal of the Ear(s): Removal of the ear allows the criminal to be marked without rendering him unfit for work or servitude. Criminals condemned to slavery often have their ears removed for easy identification. It is also used to signify that the condemned is not permitted to bear weapons, enter the city, etc.
  
  
• Removal of the Tongue: This punishment is reserved for those who offend with their mouths such as blasphemers, heretics, bearing false witness, etc

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6. Banishment

7. Slavery/Labor

8. Death

• Beheading: Beheading is very common and perhaps the quickest of the capital punishments. It is believed that a body without a head could never return to life. Often the head is burned or buried separately from the body.
  
  
• Hanging: Hanging is also a wide spread and well-known form of execution. It is regarded as a particularly dishonorable and shameful form of death for it is often reserved for thieves and their ilk. It is traditional to leave the body on the gallows until the corpse rots and falls to the ground. Only then are the remains burned or buried. Frequently, hanging alone is not considered adequate punishment and the hanging coupled with torture such as hanging the condemned over often flames or wild animals. Hanging is practiced in two different forms.
  
  The first is a quicker death. The condemned is placed under the gallows or a tree limb on an object and pushed off. The snap of the neck against the rope usually rendered a swift death.
  
  The other form is appropriately known as "slow death". A noose is placed about the wrongdoer's neck and is slowly pulled up off the ground. Such unfortunates could linger for long agonizing minutes before death.
  
  
• Breaking on the Wheel: Breaking on the wheel is among the most feared forms of punishment ever to be devised and is reserved for murderers and traitors. The criminal is laid out on the ground, his arms and legs outstretched and bound to stakes driven into the ground. Boards or timbers are placed under each limb so that a space about a hand's width is created between the limb and the ground. The executioner, sometimes with the aid of an assistant, takes a wagon wheel, usually specifically constructed for the task, and drops it on each limb, breaking it. The sentence specifies how many blows the wheel had to be administered. The dead or dying man's limbs are then threaded under and over the spokes of the wheel. The wheel is then hoisted atop a pole set into the ground that is 10 to 15 feet high.
  
  
• Drowning: Drowning, like burning, is a common punishment for females. This is probably because no one relished the idea of putting a woman to death with their own hands, thus the elements of fire and water were allowed to bring about death.
  
  The condemned is thrown from a bridge or riverbank into a body of water with bound hands. If no bodies of water can be found, the condemned is held under water in a pool or well. Frequently, the condemned is sewn into a sack along with live animals before being thrown into the water.
  
  
• Boiling: Boiling in wine or oil is a standard punishment for those accused of lying or falsification. Heretics, likewise, are apt to suffer such a fate.
  
  
• Burning: Burning is reserved for criminals of particularly atrocious standing such as practitioners of dark Chakra, mass-murderers, etc. The hope is to eradicate all traces of the condemned and prevent evil demons from returning him to life. Burning is often coupled with another form of capital punishment. For example, evil chakra-users are often beheaded prior to burning.
  
  
• Burying Alive: Historically reserved for those guilty of sexual crimes and infanticide. A pit is dug and condemned, bound head and foot, is thrown in and the pit filled in.
  
  
• Impaling: Impaling is practiced in two forms. In the first, the condemned is placed in a pit and burned alive in G above. Then a long stake is driven into the pit and through the condemned's body.
  
  The second form is more common; a tall pole with a sharpened end is erected. The condemned is placed atop the pole and impaled. As the wrongdoer struggles he becomes increasingly impaled and slides down the pole.
  
  
• Immurement: This is reserved for those of higher social ranks. It spares the family the disgrace of a public execution. The condemned is placed in a cell or sometimes walled up in a room and left without food or water. Once the wrongdoer dies, his remains are retrieved and given a proper burial.
  
  
• Quartering: there are two variations of quartering; before death and after death. Originally, quartering was carried out by hacking off the limbs of the condemned with an ax or sword. This process evolved into tying each limb to a different horse, and then driving the horses off into different directions, thus tearing the condemned apart. Political criminals are often condemned in this manner.

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