The Mercurian Empire
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Ex Post Facto Law Protection
http://www.hermertia.com/viewtopic.php?f=62&t=925
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Author:  Darius V [ August 5th, 2016, 4:05 am ]
Post subject:  Ex Post Facto Law Protection

Taking a note from the American constitution I suggest a piece of legislation that will protect the rights of all players in regards to future criminal laws being passed:

1. No Ex Post Facto Law shall be passed.

This law would protect players from being charged with crimes that were not crimes when they were committed.

Author:  Wysterian Labourer's Council [ August 5th, 2016, 4:14 am ]
Post subject:  Re: Ex Post Facto Law Protection

I definitely agree with the spirit of this law; as in a great many jurisdictions irl, it is sensible to ensure that individuals may not be charged for crimes they committed before said crime was illegal.

However, if I might make one small suggestion: we should look at the laws we make as if from a newcomer's perspective, and those unfamiliar with the term might not understand what this language actually guarantees. I know I myself am a great lover of strict 'legalese', but I think it could prove more useful if this were stated a bit more descriptively.

Perhaps, as a provision in the Carta of Rights and Freedoms:

No individual shall be charged with criminal or civil offences that were not listed in the Mercurian Criminal or Civil Codes at the time at which the crime(s) were committed.

Just my two cents.

Author:  Cerdic Accynnafon [ August 5th, 2016, 4:32 am ]
Post subject:  Re: Ex Post Facto Law Protection

I support this legislation.

Author:  Darius V [ August 5th, 2016, 9:50 am ]
Post subject:  Re: Ex Post Facto Law Protection

Good to hear, Mark.

Nicholas, I agree entirely with that write up.

Author:  Joren [ August 5th, 2016, 2:44 pm ]
Post subject:  Re: Ex Post Facto Law Protection

Doesn't this slightly go against the spirit of our "organic law?" Where the first time a law is decidedly broken, that person receives a much more reasonable punishment (if any at all), and what they did is then placed into law so that it will not be broken in the future?

Author:  Wysterian Labourer's Council [ August 5th, 2016, 4:01 pm ]
Post subject:  Re: Ex Post Facto Law Protection

I don't see that these ideas necessarily contradict each other. The first time a law written in the Criminal or Civil code is broken, it certainly does make sense to consider a lighter punishment and/or review the law in question to ensure that it is consistent with the values and experiences of the community - this constant review process is Organic Law at its finest.

However, I see no reason why this should infringe upon the rights if individuals not to be punished for crimes comitted when the crime in question was not a crime.

Author:  Cerdic Accynnafon [ August 5th, 2016, 4:07 pm ]
Post subject:  Re: Ex Post Facto Law Protection

I agree with Nicholas here. This only protects the rights of those before something was made a crime.

For example, if a person did something that became a crime months or years later, this would protect them from being brought to trial. I see no issue with this whatsoever.

Author:  The Regent [ August 5th, 2016, 8:24 pm ]
Post subject:  Re: Ex Post Facto Law Protection

I support this legislative proposal.

Author:  The Chairman [ August 6th, 2016, 3:52 am ]
Post subject:  Re: Ex Post Facto Law Protection

I think this is something we should definitely have and should be placed in the Indoles Carta. The "Do Not Be a Dink Act" also allows us to punish those who, while they have not broken any particular law, have violated the spirit of our community.

Author:  Wysterian Labourer's Council [ August 6th, 2016, 4:11 am ]
Post subject:  Re: Ex Post Facto Law Protection

Spot on Chairman.

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