Conflicted Card Game June 9, 2015 followup.
Another great meeting. It was great to have some new people.
I thought I would do some follow up on a couple of my lengthy answers to a some of the scenarios.
There was one asking for punishments for what are minor crimes or misdemeanors today, would be in the PAW. Here is the response I gave last night, in a bit more detail, plus the more severe punishments for major crimes:
Note 1: All of these ideas should be part of the Criminal Code of the Group Charter. Discussed and decided on by the members, after which the Leadership Team comes up with the actual wording for the document. Then the entire document is voted on by the voting members of the group. Once in place, the Criminal Code is followed to ensure everyone is treated as close to the same as possible.
Note 2: In all cases where there is loss, reasonable restitution should be part of the punishment. But it should be reasonable, and expected in a timeframe that is practical for the person giving the restitution. No taking everything the person has at one time.
Note 3: There should be some flexibility in the Criminal Code to accommodate special situations, the need for leniency, the need for harsher sentences, and any other situation that does not fit within the original intent and concept.
Minor crime punishment –
1. Standard reprimand by one of the leadership.
2. His/her name goes on the Wall Of Shame for three days or so. The Wall Of Shame can be anything from a reading at mealtime of those that have let the group down in a major way, to an actual protected bulletin board on a public wall, and anything in between verbal, printed, or visual. It is counterproductive to leave the person on the Wall of Shame more than just a short time.
3. Public display in the Cage of Shame in which the perp is placed in a public venue in some type of restriction, for a couple hours a day for a couple or three days. (This is something like a set of stocks, but I feel that is counterproductive as it leaves the perp to the whims of anyone walking by. The perp needs to be publicly shamed, not physically injured.)
4. Assigned to the most basic, hardest work, that the community has to have done, that the person is capable of doing.
The above, I think would work for minor infractions. However, when it comes to things of more importance, actual acts that the group considers crimes, negligence that results in loss, serious injury, or death, and so on, harsher punishments are called for.
There would be some overlap, and the general protections stated in the Constitution's Bill of Rights, including an appeal (up to 2 - no more), and the administration of leniency would all be part of the group's Charter, so there is some leeway for extenuating circumstances. So here is the list of escalating punishments I suggest:
1. Public incarceration as in the Cage of Shame for much longer. No abuse, and the perp gets water, food, and bathroom privileges. No out in the hot sun for hours or the cold. On public view, but protected from the elements. Up to a week.
2. Total incarceration, inside, basic food, full water, full sanitation. Visitors allowed. Up to six months. Doable work made available to reduce the sentence.
3. Periods of solitary confinement with a limited diet, full water, full sanitation, no visitors and as limited contact as possible. Up to one week at a time, every other week, for up to six months
4. One Week Temporary Banishment, with a week of supplies and basic equipment for the season. Must travel at least two miles from the group and not contact anyone in the group in anyway or it goes to the next level.
5. Banishment, with two days of supplies and minimal equipment for the season. Return to the group only by a majority vote of the group, and the leader has veto power. No return until after four months.
6. Full Banishment, with only two days of survival foods, a gallon of water, and the minimum protection for the season. Capture and bring in order to the group.
7. Execution by hanging, for any capitol offense, which includes, when banished, aiding and abetting any other group to disadvantage the home group. Significant effort will be expended to find, try, sentence, and carry out the execution if the actions so warrant, as exhibited in open court.
In response to some of the other answers:
About the victim being allowed to enact the punishment: This amounts to authorized revenge. While I am not adverse to meeting out my own justice, we are talking about an organized group. A community. The community should have the say about what punishments are for various types of abuses against the community itself, as well as individuals. Allowing people to meet out their version of justice, (except possibly in some very extreme circumstances) will only cause problems in the long run.
About the eye-for-an-eye responses: This can leave so many things up to interpretation. And it can easily get into the cruel and unusual punishment area very quickly. Standardized punishment that fit with the severity and nature of the crime is going to be much better for the group over all. Things that the group has approved of before things go south.
We had a short discussion on what would be Capital Crimes in a PAW situation, in addition to the standard Murder and Treason offenses that traditionally call for Execution. Here are the thoughts I presented at the meeting, plus some additional ones:
While I am a believer in capital punishment, and also believe that justice should be swift and sure, I do think capital crimes deserve special consideration. Confession, reliable eye witness(es), and irrefutable hard evidence are some of the things that could result in a death penalty sentence.
And there should be at least two chances to appeal, but no more. And they must be done within 2 years of the initial verdict. But that is all in the present. The question is about the PAW situation.
I don't think there should be summary executions, except in very unique circumstances that probably will not come up in the real world, but do in many of the Prep/PAW stories.
And the execution must be quick and as humane as possible. Hanging or firing squad the preferred methods. Alternative sentences for capital crimes should include life imprisonment w/o parole, and banishment depending on mitigating factors.
As to what would constitute capital offences in the PAW that are not considered such now, they would include:
Rustling or destruction of useful animals or any type of food source:
This doesn't just affect the individual that loses the food source. It affects the entire surrounding community. Not only can that animal or food not be used to feed other people, but the family that lost the food source now must acquire other sources of food from the community area.
Forcible rape/violent sex crime:
The entire community in the PAW is affected by such crimes. Not only is the victim traumatized, and often unable to continure their daily lives for a long time in some cases, but the risk of various STDs being spreading, an unwanted pregnancy under conditions in the PAW can be a problem, as well as the subsequent birth. And the care and feeding of a child in the PAW with limited resources can be very difficult. And additional injuries during the rape can affect the person's productivity for months or years.
Human trafficking:
Any form of human trafficking against the will of the person sets up a climate in the community that makes it too easy for people to let their morals slide and take advantage of people, either as simple slaves, indentured workers, or highly inequitable forms of barter and trade. Not that some of these acts, other than slavery, are capital crimes, the taking, selling, buying, and trading of humans is the capital offense.
Theft or destruction of critical infrastructure or resources:
Poisoning water sources or food; theft or destruction of fuel supplies, power production units, means of transportation; and housing and other critical resources; can put a person or community at great risk during the PAW.
Espionage/aiding the enemy:
As defense is likely to be a major factor in the PAW, the act of providing information to known enemies, or assisting them in any way, would be a capital offence.
Trafficking/using dangerous substances:
The supplier and user of a substance that becomes a significant factor in a death, a major injury, or significant long term incapacitation, either directly or indirectly, due to unsuitability of the substance for the activity, failure to communicate dangers, or being used for recreational purposes in an unsafe manner or in a dangerous situation will be subject to capital punishment.
If there are any questions, feel free to ask.
Just my opinion.
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