Under the proposed Mordan legal system animals cannot be property. Instead animal husbandry is legally described as a form of guardianship. Consequently theft of animals is legally impossible, nevertheless it is desirable to create an offence with a similar effect: animal abduction. Continue reading Animal Abduction
Category Archives: criminal law
Principles of prison reform
- Focus on crime prevention
- No prison for non-violent offenders
- Probational sentences for first-time offenders with mandatory behavioral training
- income dependent fines
- pre-conviction detention to be limited to dangerous offenders
- electronic monitoring instead of jail
- medical treatment of mentally disturbed offenders instead of punishment
Victim Compensation Fund
We believe that victims of crime should be entitled to adequate compensation for the harm they suffered and ideally the perpetrator of a crime should pay. However, they are instances where either the perpetrator is unknown or lacks sufficient means to pay compensation. Continue reading Victim Compensation Fund
On mandatory prosecution
When it comes to criminal prosecution individual citizens are on arrears. Save for the most affluent among us citizens accused of a crime have not the resources the state has at its disposal. So if law enforcement officers are involved with tampering of evidence or even with outright perjury, it is very hard, if not impossible, for a citizen to prove his or her innocence. Continue reading On mandatory prosecution
Secondary penalties
Secondary penalties are penalties which can be imposed in addition to a principal punishment (such as fines, penal labour or transportation) but not as a “stand alone” punishment. Continue reading Secondary penalties
Felony disenfranchisement
“Felony disenfranchisement” the is practice used in many jurisdiction to deprive convicted criminals from the right to vote and/or to stand in elections. Jurisdictions vary in the degree they apply this measure, some disenfranchise virtually all criminals while others rarely use this. Continue reading Felony disenfranchisement
“Penal labour”
With penal labour we mean here what is usually known as community service or community payback – a non-custodial punishment in some jurisdictions around the world. We prefer the term penal labour in order to distinguish it from it from non-penal forms of community service and because it makes clear that this is a punishment. Continue reading “Penal labour”
On Evidence
We propose that all evidence collected on a crime scene should be preserved by the police for at least a hundred years.
Aggravated rape
Definition of “ordinary” rape in the Mordan Penal code: Continue reading Aggravated rape
Two-stage trials
In any criminal court case there are two main questions:
- Is the suspect guilty as charged? and:
- Is so what should we do with him/her?