This distribution of a proposal and the subsequent assigning of an ID
number initiates the Agoran Decision on whether to adopt proposal
6695. The eligible voters for this proposal are the active players as of this message; their voting limits are defined by Rules 1950 or 2156 and 2279, as appropriate. The vote collector for this Decision is the Assessor. The valid options on the decision are FOR and AGAINST (voters may also be PRESENT). This decisions is ordinary to begin with.

NUM   II  AI   SUBMITTER  CHAMBER  TITLE
6695  1   2.0  coppro     Purple   Sentencing Reform

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ID: 6695
Author: coppro
Title: Sentencing Reform
AI: 2.0
II: 1
Chamber: Purple

Amend Rule 1504 (Criminal Cases) to read as follows:

      Criminal cases are a subclass of judicial cases.  Any
      first-class person can initiate a criminal case by an
      announcement calling for judgement on the circumstances
      surrounding a specified valid Notice of Violation alleging a
      rules breach by a single entity (the Accused).  The initiator
      and each member of the Accused's basis are unqualified to be
      assigned as judge of the case.

      A criminal case has a judicial question on culpability, which is
      applicable at all times following the call for judgement.  The
      valid judgements for this question are:

      * GUILTY, appropriate if the judge finds, beyond a reasonable
        doubt, that ALL of the following are true:
       (a) the Accused breached the specified rule via the specified
           act;
       (b) the breach occurred within 90 days prior to the case being
           initiated;
       (c) judgement has not already been reached in another criminal
           case, or punishment already applied through another
           uncontested notice of violation, with the same Accused, the
           same rule, and substantially the same alleged act;
       (d) the Accused could not have reasonably believed that the
           alleged act did not violate the specified rule;
       (e) the Accused could have reasonably avoided committing the
           breach without committing a different breach of equal or
           greater severity.

      * NOT GUILTY, appropriate if GUILTY is not appropriate.  In
        delivering this verdict, the judge SHOULD indicate which of
        the sub-requirements for a finding of guilty were not found to
        be true beyond a reasonable doubt.

      When a judicial question on culpability is judged after a number
      of Rests have been created in the Accused's possession due to
      the associated notice, an equal number of Rests in the Accused's
      possession are destroyed.

Enact a new power-2 rule entitled "Sentences" that reads as follows:

      A criminal case has a judicial question on sentencing, which is
      applicable if the question on culpability is applicable and has
      a judgement of GUILTY.  If a criminal case has an applicable
      question on sentencing which has a judgement, the Accused is
      hereafter known as the ninny, and the judgement in the question
      on sentencing is known as the sentence.

      If a sentence has been continuously assigned to a case for at
      least one week, any player CAN cause it to take effect by
      announcement; the effects of the various sentences are described
      below. No appeal can be initiated regarding a criminal case if
      its sentence has taken effect.

      This rule defers to other rules that define the apporpriateness
      of sentences.

      The valid sentences are:

      * DISCHARGE, appropriate only in extraordinary circumstances if
        any available non-null punishment would be manifestly unjust.
        Has no effect.

      * APOLOGY with a set of up to ten prescribed words (the empty
        set if none is explicitly specified), appropriate for rule
        breaches of small consequence.  When it takes effect, the ninny
        SHALL as soon as possible publish a formal apology of at least
        200 words, including all the prescribed words, explaining eir
        error, shame, remorse, and ardent desire for self-improvement.
        Failure to do so is a Class-3 Crime of Failure to Apologize.

      * SILENCE with a positive number less than 15 (X), appropriate
        for Crimes. X SHOULD be equal to the Class of the Crime. When
        it takes effect, the ninny is awarded X Rests.

      * COMMUNITY SERVICE with a set of up to five tasks (the
        prescribed tasks) that the ninny CAN reasonably and legally
        perform, appropriate for rule breaches of moderate consequence
        if the severity of the rule breach is reasonably correlated
        with the consequences of performing the tasks, and especially
        if any other available non-null punishment would be either
        unjust or insufficient.  The balance between compensatory and
        punitive service is left to the judge's discretion. When it
        takes effect, the ninny SHALL perform  the prescribed tasks. If
        no time limit for the tasks is specified, they must be
        completed in a timely manner. Failure to complete the tasks on
        time is the Class-5 Crime of Individuality Disservice.

      * TIME OUT with a number of days between 7 and 21, appropriate
        for major breaches of Agoran trust. When the sentence comes
        into effect, the ninny becomes inactive, and SHALL NOT become
        active for the number of days specified. Becoming inactive
        during this period is the Class-10 Crime of Leaving the Corner.

      Players SHOULD NOT create rules defining Crimes of a Class
      greater than 14.
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-coppro

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