Crime and Punishment

 

Every state on Tear has its own set of laws. Laws can be complicated, and enforcing them while also protecting the rights of individuals and groups is a complex process that is deeply tied to the workings of the state itself and to the shared beliefs and culture of the people. In general, however, laws in most states are similar in a broad sense. Many of these laws will be common, or similar from state to state, particularly among neighbouring allied states.

Crimes and Severity

Following is a non-exhaustive list of crimes that are common in most places in Tear. Each crime is listed with a range of severities indicating the severity of potential punishments if convicted of the crime.

CRIMES AGAINST PERSONS
CrimeSevCrimeSevCrimeSevCrimeSev
Assault1-3 Kidnapping3-4 Maiming3-5 Manipulation1-3
Murder5 Violation3-4
CRIMES AGAINST PROPERTY
CrimeSevCrimeSevCrimeSevCrimeSev
Damage1-4 Destruction1-5 Theft1-4 Trespass1-2
SOCIAL CRIMES
CrimeSevCrimeSevCrimeSevCrimeSev
Bearing False Witness3-4 Breach of Contract1-5 Dereliction3-4 Disobedience1-3
Disorderliness1-2 Escape4-5 Extortion4-5 Failure to Report1-5
Forgery2-4 Hoarding1-5 Incitement3-4 Lying1-3
Negligence1-2 Poaching1-3 Rebellion5 Refusal of Call2-4
Refusal to Give Statement3 Spying5 Treason5 Withholding1-3
Violation of Curfew1
FINANCIAL CRIMES
CrimeSevCrimeSevCrimeSevCrimeSev
Counterfeiting4-5 Debt Default1-3 Fraud2-4 Gambling1-3
Shorting1-3 Smuggling1-5 Tax Evasion3-4 Usury2-4
CRIMES AGAINST DECENCY
CrimeSevCrimeSevCrimeSevCrimeSev
Arson4-5 Breach of Quarantine2-5 Cannibalism4-5 Indecent Relations1-4
Indecency2-5 Infernal Worship4-5 Necromancy5

Crime Descriptions

Following are descriptions of each of the above crimes.

Arson

While there are many brick, stone, adobe and earthen structures, the most common building material on tear by far is wood. In such a context, arson is extremely dangerous, and structure fires in built up areas can be virtually impossible to contain. Thus the crime of arson is among the most serious of all crimes - even if the resulting fire is not serious. Being convicted of intentionally starting a fire is almost always met with extreme punishment or death.

Assault

This is the crime of physically attacking someone in violation of their Right to Self. If the assault leads to death or maiming additional charges may be added.

Bearing False Witness

This is the crime of intentionally making a false accusation against someone. It is quite a serious crime, and if the falsely accused is convicted and punished, the person who bore false witness will also receive the punishment the victim faced in addition to their punishment for bearing false witness.

Breach of Contract

This is the crime of violating a legally binding contract. Punishment here is complicated and is generally very much related to the scope and nature of the contract.

Breach of Quarantine

This is the crime of disobeying the specific public orders that impose a quarantine, such as not leaving one's home or not leaving a specified region. Generally the severity of the punishment is based on the severity of the disease being quarantined.

Cannibalism

This abhorrent crime is complicated on Tear, as it is the crime of eating the flesh of any of the playable humanoid species - and is not merely constrained to eating the flesh of your species.

Counterfeiting

Distinct from forgery, which relates principally to documents, counterfeiting is the crime of forging money. Note that simply taking coins minted by one bank or state and casting them in the molds of another bank or state (without effecting their value) is still considered forgery.

Damage

This is the crime of damaging someone's property. In general the severity of the crime is directly related to the cost of the damage done.

Debt Default

This is the crime of failing to pay meet the repayment terms or the repayment schedule of a debt. In most cases, there is not total default - meaning someone who fails to meet the terms of a debt can be charged, convicted and punished for the crime, and still have to repay the debt - though normally cannot be punished more than once for the same debt. Punishment for debt default very commonly includes indentured servitude until the value of the debt is worked off.

Dereliction

This is the crime of being derelict in the duty one owes to the state. This is generally considered a very serious crime.

Destruction

This is similar to the crime of damaging someone's property, but is specific to the case where the damaged property is totally destroyed. The distinction is made because total destruction of property is more severe and also limits the options for reparations.

Disobedience

This is the crime of disobeying a a legal order from civil or private authority who is entitled to give that order. For example, disobeyed an order to perform labour for someone to whom you are indentured as a servant is a crime, as is disobey certain orders that couldbe given by the a civil militia. In general, the severity of the crime relates to the degree of authority of the person giving the order and seriousness of the situation.

Disorderliness

This is the crime of being unruly, disruptive, offensive, confrontation or beligerent. This is normally a fairly minor crime, and as common sentences are fining and corporeal punishment, this crime is often judged summarily by civil militia, who can beat or fine an offender provided the proper witnesses are present.

Escape

This is the crime of escaping lawful captivity, such as for someone sentence to indentured servitude or imprisonment, or someone being held in custody for questioning or while awaiting trial. This is a very serious crime as it mocks the ability of the state to enforce justice, therefore it is usually dealt with very severly. In many jurisdictions, escaping custody with a criminal judgement pending also amounts to an admission of guilt in the pending matter.

Extortion

This is the

Failure to Report

This is the crime of failing to report a crime. The severity of this crime is entirely dependent on the severity of the crime that is not reported, and is usualy considered to be of the same severity or of one severity less.

Forgery

This is the crime of making false documents. This is distinct from the crime of counterfeiting which principally applies ot currency. Forgery is a crime in addition to any crime committed using the false documents. For example, if one forge a permit to hunt a deer in the commons then they will be committing the crime of forgery as well as the crime of poaching.

Fraud

This is the crime misrepresenting oneself or the situation for gain. For example, selling someone a horse that you fraudulently claim to own. Fraud is a crime in addition to any crime committed by way of your misrepresentations, though if no other crime is actually committed, the punishment for fraud us usually less severe. Fraud is commonly committed along with other crimes, such as forgery and theft. For example, forging the deed to a ship, in order to misrepresent oneself as the owner, and then selling that ship to someone is committing forgery, fraud, and theft.

Gambling

Gambling laws vary considerably from place to place. In general, gambling for low-stakes between small groups of individuals is legal or at leats overlooked. Gambling for large amounts may be considered a crime - largely because it can lead to other problems, such as debt default and violence. Organized gambling - in which the organizers take a cut of the money as it is won - is usually tightly controlled, and operating outside these controls is illegal.

Hoarding

Hoarding is only ever made a crime in times of scarcity, such as during a draught, a seige, or similar. The crime can be general, or targeted only to specific goods, depending on the nature of the shortages. The severity of this crime is entirely dependent on the severity of the need and the magnitude of the hoarding.

Incitement

Incitement is the crime of encouraging others to commit a crime. Usually, this only applies to public incitement, such as to revolution, riot, or general disorder, as in most societies individuals are held to be accountable for resisting the coersion of other individuals in private conversation (unless they are being manipulated). However, in some very restrictive socities even suggesting someone commit a crime is a crime itself, and individuals can report on other individuals for making such suggestions.

Indecency

This is the crime of presenting oneself in public in a way that is significantly offensive or repugnant to the local standards. Often this targets public displays of affection, offensive public language, offensive dress (or lack of), or repulsive uncleanliness. In most places, you have to go pretty far to violate these laws, but in some oppressive societies the tolerances can be very low, and the punishments quite severe.

Indecent Relations

This is the crime of having inappropriate intimate relations. How this crime is defined will vary from society to society, but in general such relations between different species or between immediate family members is considered a very serious crime.

Infernal Worship

In most places, infernal worship is an extremely serious crime. Engaging in infernal worpship openly is almost totally forbidden, and even private infernal worship is usually very serious if discovered. A common exception is for soldiers appealing to Kharag-Gar before a battle.

Kidnapping

This is the crime of detaining someone against their will, without the authority to do so. This crime is quite serious on its own, and is also considered in addition to any other crimes committed. For example, beating someone in order to subdue and kidnap them, then ransoming them is committing assult, kidnapping and extortion.

Lying

This is specifically the crime of knowingly lying to the authorities. Lying to ordinary individuals is not a crime in itself.

Maiming

This is the crime of inflicting permanent debilitating injury on a person. As distinct from assault, maiming a person specifically means dimishing their capability - such as blinding them, severing a limb, or otherwise causing a injury that reduces their ability, and from which they cannot heal. In some cases, this can be applied even to scarring, particularly if it signifcantly alters a person's appearance.

Manipulation

This is the crime of directly or indirectly controlling or overriding someone's intentions and actions by magic or even by skillful manipuation. Fast talking, persuasion and similar applications of social skills are typically extremely hard to prove, and the severity of the offenses are small, and so are generally overlooked. However, once spells or more powerful manipulations come into play, the crimes can be considered more serious. The use of spells like Charm or Suggestion are generally considered illegal invasions of person's Right to Self.

Murder

Murder is the illegal act of killing. Not all killing is illegal. Killing is allowed in the preservation of ones own life (unless one is sentenced to death), and in certain cases in the preservation of the lives of others.

Necromancy

The crimes of necromancy are the worst, highest crimes on Tear. Certain spells may be considered necromancy. The act of raising the dead, collaborating with the undead, seeking to persist in an undead state beyond death, or facilitating transition into an undead state are among the many crimes of necromancy.

Negligence

This is the crime of not taking reasonable, basic action to prevent crime. For example, leaving the door to ones home unlocked is a (minor) crime negligence - such a crime might be overlooked, but if someone enters a home where the door was not locked and steals someting, the victim of the robbery may themselves be charged with negligence (this would typically amount to a fine). more serious negligence occurs if a more serious crime in risked or occurs. For example, failure to refill fire buckets with sand or water might be punishable by branding, and if a fire breaks out, and people are maimed or killed, the negligent person might be held responsible for maiming or even murder, in addition to negligence.

Poaching

This is the crime of taking from the commons without permission. Usually this is applied to hunting or gathering, but can apply even to taking water, or chopping firewood, or even picking flowers depending on how strict the laws governing a specific commons are.

Rebellion

This is the high crime of taking up arms against ones own state in insurrection. It is among the most serious crimes one can commit.

Refusal of Call

Refusal of call is the crime of not responding to a call for immediate emergency aid from the authorities. This is usually relevant when the authorties are responding to a fire or a manhunt or other similar public threat. When such an event occurs, if the authorities call an individual or group to arms or to otherwise respond, failure to do so can be a crime.

Refusal to Give Statement

Refusing to give a statement to the autorities when they are investigating or prosecuting a crime is a crime itself. In many cases, if one commits this crime, one can immediately be accused of this crime, empowering the authorities to violate ones Right to Self and use more coercive means to extract a statement. Depending on how authoritarian the society is, this process can be very abrupt, but even in very authoritarian societies, citizens are generally protected from torture or psychic invasion even when accused of a crime.

Shorting

This is the crime of 'putting your finger on the scale' to cheat someone in a financial transaction. In broad application, it accounts for things like adding sawdust to flour, cutting alcohol with water, or other similar cheats. In general, the severity of the crime is proportionte to the deception, and the act of shorting is a crime in addition to the theft committed as a result.

Smuggling

This is the crime of bringing goods illegaly or undeclared into our out of a state or any other region or location in which such goods are barred. Smuggling grain over a border to avde customs fees is as much a crime as smuggling a weapon into a building where it is prohibited. The severity of the crime is related to the magnitude of the offense.

Spying

This is the high crime of revealing state secrets to anyone not authoritized to know them.

Tax Evasion

This is the crime of avoidance of paying the proper taxes. The crime is in addition to any other crime commited - such as fraud, forgery, lying, smuggling or theft. A farmer who lies about the yeild of their harvest to pay less taxes is guilty of lying as well as tax evasion. A merchant who smuggles silks into the state in order to avoid import duties is guilty of smuggling as well as tax evasion.

Theft

This is the crime of taking money or property that is not yours. The severity of the crime is proportional to the value of the theft.

Treason

Aside from spying and rebellion, treason is any other act deemed to be a high crime committed against the state. For example, organizing the kidnapping of high ranking nobel, or embezzeling state funds at a scale that is damaging to the state, or using ones authority to misdirect an army and jeopardize security are all actions that might not be rebellion or spying, but are still treasonous.

Trespass

This is the crime of entering into or onto someone's property without permission. I outdoor areas, this is normally considered a fairly minor crime, but entering into someone's business or home is more serious. Typically if a crime is also committed while trespassing, the trespassing itself is also considered a more significant violent. Crossing into someone's fields is not usually a serious crime, but the trespass of crossing into someones field and then damaging or stealing their crops is more serious, and is combined with the other crimes.

Usury

Usury is the crime of making private loans above the interest limit allowed by the state. This amount is often zero (loans for profit are often not allow by private individuals or unlicensed groups). In many places, small personal loans below a certain amount (perhaps $5000) and below a certain rate (perhaps 2% annually) are allowed or at least tolerated, as most criminal userers will want to make lons for higher amounts and at much higher rates.

Violation

This is the crime of physically or psychically violating someone's Right to Self without necessarily injuring them. Unwanted physical contact, unwanted psychic intrusion, and similar acts are generally illegal, with more severe violations being very illegal.

Violation of Curfew

In places where there is a curfew in place, violating it is a crime. Usually this is a fairly minor crime, and most often it is met with summary judgement in the form of a beating or a fine.

Withholding

This is the crime of intentionally withholding information from the autorities when they are investigating or prosecuting a crime.


Punishments

Following

Punishment Descriptions

Following are descriptions of each of the above punishments.

Execution with Prejudice

Execution with prejudice usually means a long, cruel, painful, humiliating public exectuion. Common methods include drawing and quartering, breaking on the wheel, torturing to death, burning at the stake or other methods.

Execution with Dignity

Execution with dignity usually means a quick and largely pain-free death, often by decapitation, hanging or even magical disintegration.

Torture

Torture is an uncommon punishment (it doesn't seem to prevent recidivism). Regardless, torture is the prolonged application of pain without inflecting permanent maiming. It is a more extreme version of corporeal punishment.

Maiming

Maiming is far more common that torture, and is usually more merciful and quick - though not necessarily. Some states may torture to maim, while others may explicitly sentence one or both at the same time.

Exile

Exile is the punishment of stripping someone of their citizenship, residency or tenancy, and potentially casting them out into the wilderness (if the state borders with wilderness). This effectively turns a person into an outsider.

Servitude

This is the punishment of sentencing someone to work in indentured servitude of the state, another organization, or even an individual. Nowhere on Tear do the laws allow anyone to be sentenced to permanent indentured servitude, and in most places, this punishment cannot be imposed on someone above a certain age or with limited mental or physical capacities.

Imprisonment

Imprisonment is a very rare punishment, as states are generally not interested in maintaining prisoners. Sentencing people to servitude is far more common, and if such a sentence seems potenailly illegal, most states will endeavour to either strike a harsher sentence, or a lesser one.

Marking

Marking is the punishment of branding, scarring or otherwise leaving a permanent visible indicator of an individuals crime - usually on the face. Being marked as a criminal canbe very problematic, and will generally cause one to be discriminated against for the rest of their life.

Humiliation

Humiliation seems minor compared to many other puishment, but someone who has been publicly humiliated by being put in the stocks or pilloried may find the humiliation sticks with them for much longer than the actual punishment lasted.

Corporeal Punishment

Corporeal punishment is common for minor crimes, and is commonly summarily judged by civil militia in certain contexts. Corporeal punishment may involve whipping, lashing, or simply being beaten. It is not torture, and constraining the convict to be helpless and inflicting fear and pain with specialized instruments or techniques is not permitted.

Fine

Fines are a very common punishment and a great way for the state to raise funds. In particular, civil militia are always happy to summarily judge people for minor offenses by issuing fines (and usually pocketing percentage). States are similarly very fond of imposing fines on wealthy individuals, or businesses or factions.