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My fellow Citizens -


I take quill in hand this day to make ye aware of the efforts of a group of your fellows, of which I am part. At the request of the Lords of the City, we have volunteered and been chosen by our Lords to codify, clarify, and commend modifications to the legal system of the City of Splendors. Having met several times, we have in hand a good purview of the scope and objectives of our efforts, and it is with recurring writings such as these that I hope to keep ye appraised of them.


Let me begin by identifying my fellow Lawriters. They be Jaenoic, Maybel, Algon, Sean, Gwain, Caelnai, and Lerytha. Let me also clarify our mission, as many have ascribed to us powers that we donnae hold. We are NOT empowered to hear appeals, adjust sentences, or discipline anyone. Our charge is to *suggest* improvements in the system of laws and justice within the Deep, subject to review and acceptance by the Lords of the City, who hold all real power concerning these matters within these walls. That said, the scope of our deliberations is sweeping, and likely to have a lasting impact on the City. Thus we seek the insights and input of others, that we may do as fine a job as possible with this, our solemn duty.


Let me invite all who wish to attend our meetings to join us; while subject to revision in light of disruptive visitors, we have decided that our meetings shall be open to all citizens, provided they remain silent and donnae disturb the procedings. We meet [OOC: Tuesdays, from 6 to 8 pm Central time, see http://www.timeanddate.com/worldclock/f ... sec=0&p1=0 to determine what that is in your local timezone.] in a meeting room above Lord Piergieron's Palace. Please do not enter late, or publish on the content of the meetings. We ask that this summary be the sole written commentary on our delibrations, and I will consider suggestions, revisions, or comments offered to same by the public for ammendment or inclusion in subsequent summaries. Also, while ye may raise your hand if you wish to comment on matters, do not expect of necessity to be recognized. It remains our option as to when and where to seek public comment. Any wishing to become deeply invovled are advised of the continuing opportunity to join us in an official capacity, by application to the Lords of the City, as Lerytha has recently done.


Finally, let me turn to a summary of our work to this point. We have decided that the scope of our discussions shall include the following:
1) Laws for the City, including clear definitions, explanations of rationale, suggested penalties, bails, and bounties.
2) Means for the enforcement of the laws, including the structure of the enforcement system and of some aspects of the Watch
3) Means for the determination of guilt, including the judiciary and the form of trials


The first be the most sweeping topic, ranging from deciding what constitutes a public disturbance, on up to defining murder and treason.
On this topic we have just begun, having thus far discussed in depth only racial bans and rules for proper comport in the Market Square. The issue of racial bans is a difficult one, which we will revisit; but we have suggested, in response to a pressing problem, that tieflings be added to the list of races currently banned from within our walls. We have also delineated as best we could the current laws, and I shall seek to put a summary of those findings before you shortly.


On the latter two topics, we have found that the Watch currently bears much of the burden of judicial functions, a situation we should like to see rectified. We propose a clearer appeals and judicial process, empowered by the establishment of a cadre of Magistrates in service to our Lords, to act as intermediary adjudicators, positioned between the Watch, who would still determine guilt with respect to petty crimes, and the Lords themselves, who would continue to operate the High Court. The Magistrates would have the power to hear appeals at their discression, and would also try more serious crimes, perhaps all save treason. Those cases would have the option of appeal only to the Lords themselves, again at their discression.


Respectfully submitted on this Eightday, 7th day in the Month of Leafall
Raona Corbin, humble servant to the Holy Cause of Justice and to the City of Waterdeep

My fellow Citizens -

I take quill in hand to share with you our findings on Law and Law Enforcement in our fair City. As part of our efforts to improve these, we have discussed their current status at some length, and my purpose here is to summarize our conclusions, and thereby make all aware of the current system of law within the City. This system shall continue to hold sway until we, the Lawmakers, make our proposals to the Lords and they decide how to act upon them.

As a member of the City Watch, it has been become clear to me that there is appreciable confusion amongst the public concerning the laws and law enforcement in the City. Indeed, nowhere are the laws of the city publicly posted, and many misunderstand the legal system. This document is an effort to remedy this situation.

Waterdeep is an open city, focused on trade. Its laws are not overbearing, and most peoples and views are tolerated here. However, despite the extensive law enforcement presence, the strong prejudice against certain races has caused them to be banned from the city, as much because the city is unable to protect them from the residents of the city as vice versa. These races include goblinkind, all drow-bloods, full-blooded orcs, and duergar (dark dwarves).
Fiend-bloods are warned that they only enter the city by grace of the fact that their heritage is often less than obvious. Should it be discovered, the City can not be held responsible for what actions the populace may take. [OOC: Less familiar races may be allowed in by the guards, but players should understand the times in which we live, and be prepared for confrontational questioning if they seem out of place.]

The current laws of the City prohibit the following, in approximate order of diminishing gravity:
1) Treason - None shall act or conspire against the Lords of Waterdeep or the good of the City
2) Murder - None shall end the life of another in the City, save by the edict of the Lords themselves
3) Assault - None shall strike or physically harm another within the city, save by edict of the courts
4) Theft - None shall take the property of another, save by mutual agreement or edict of the courts
5) Public Disturbance - None shall act so as to endanger the public or disturb the normal course of business

These laws are enforced by the City Watch, the City Guard, and the Watch Wizards. [OOC: The City Watch consists of PC's and deals with PC-on-PC crime; the Guard and Watch Wizards are NPCs and deal with PC-on-NPC crime and, invisibly, NPC-on-PC/NPC crime.] Should you witness or be the victim of a crime, you are encouraged to contact a member of the Watch, or in an emergency, to YELL out for help. (Such cries are most likely to bring aid if ye specify where ye be!) That said, if you are interested in *enforcing* the law, you are encouraged to apply to join the City Watch. Ye should then curb your interest until such time as you are accepted into the Watch: save in emergencies, vigilantism is not appreciated in the City of Splendors.

The City Watch is currently charged with the investigation of crimes, the apprehension of criminals, and passing judgement and sentencing for all but the most serious of crimes. We Lawmakers consider this an unfortunate situation, and are moving to propose a separation of law enforcement and the judiciary in the City; however, at present, you can expect that the Watch will serve as your arresting officer, judge, jury, and executioner, should you be unwise enough to flaunt the City's laws.
Should you commit so grave a crime that the Lords themselves need become involved, you should not expect justice to be swift. The backlog in the Lord's courts currently extend out a year, and in the interim you can expect to be treated on the presumption of guilt. [OOC: Keep in mind the era in which FK is set! Prejudice, power, and summary judgement are common IC!]

Some clarifications on the crimes listed above are in order:

1. Self-defense justifies many actions, but be prepared to answer difficult questions to substantiate your claim to have acted in self-defense.
2. "Assault" does not apply in the Field of Triumph, near the Fighter's Guild. Do not venture there unless ye are prepared to be struck.
   "Murder" is still strictly prohibited.
3. The Undermount is not part of the City proper. The Watch does not patrol there, nor enforce the laws of the city therein. Those fool enough to venture there have more to worry on than the Watch.
4. The public disturbance ordinance is broad, and open to interpretation by the Watch. However, here are a few clarifications on it, as it be the one that causes the greatest consternation:
   1. In order to deter horse thieves, as well as protect the animals themselves from the games of children and gnomes alike, mounts are not to be left unattended in the city. There are many stables throughout the city, and you should consider it an expense of doing business in the city that you stable your mount there. Mounts in the vicinity of the Market Square of particular concern. If you have brief obligations with a business, it is fit to sit down your mount outside the shop, provided it be for a brief time. The same doesnae hold around the Market Square, where traffic is too heavy to make this safe practice. Mounts found unattended by the Watch will be impounded after a *brief* search for their owners, in the immediate vicinity. Freeing your mount from the impound lot costs 10 platinum...enough for 16 regular stablings. Tymora help ye if ye try to beat those odds. The City appreciates that stabling a mount can be a financial burden for some, but can only suggest that none should take on a mount until they've the means to properly care for it - or that they leave it in the wilds.
   2. Wild animals of any nature are forbidden from all points in the city. Expect a public riot if ye bring an animal of perceived threat to the populace within the walls. Don't expect to convince the public that yer bear is a tame one, they'll have none of it. Believe me, I've tried! Leave such pets in the wilds outside the city.
   3. Pets that will clearly not alarm the populace are welcome in the city. In the Square, only beasts small enough to rest upon their owners are welcome, and that is where they should stay. Larger pets should be stabled - we have worked with the City stablemasters, and most are trained and equipped to properly care for, and will accept, all manner of exotic pets: from mephits to lizards to vultures. Pets are also subject to impound, for their safety and in the name of protecting the public.
   4. The Market Square is a busy, bustling place, rife with children, traffic, and distracted people. Tempers often flare when business negotiations intensify. The City insists that it remain a safe, unthreatening place for merchants, children, and differences of opinion alike. Therefore, all are asked to remove their weapons from their hands when in the Square, if even just passing through.
   5. Yelling in the city is frowned upon. It should be saved for true emergencies, as yelling otherwise raises alarm in the streets, which can lead to riots, and is in any case bad for business. Yelling for help is acceptable, but one should state one's location, and be prepared for help to arrive expecting there to be a true emergency. Yelling for frivolous reasons is grounds for time in the stocks.
   6. The City does not seek to curtail free speech, nor to police what people say within its walls. Insulting, threatening, or slandering others is not against the law in the City. Don't expect such to stand as grounds for self-defense. Assault potentially begins at any physical contact with another, or the magical equivalent thereof. This said, understand that certain lines of speech can actually impinge upon the reputation of the Lords and the City, which becomes treason, a truly grave offense. Words that threaten the cause of commerce in the city, the trust of the public in the Lords and their public officials, and the general feelings of safety of the citizenry and visitors to the City, especially if repeated after such impact is pointed out, put ye at great risk of being brought up for treason.

If ye have any questions or concerns, please feel free to raise them with a member of the Watch, or any of the Lawmakers of Waterdeep. We can be recognized by the distictive badges we wear while on duty, and in the case of Watch members, the rings we wear at all times, even when off duty. This document is intended as a guide to the current laws and system of law enforcement in Waterdeep. Any shortcomings or omissions in it do not excuse a failure to follow the true law of the City.

Respectfully submitted on this Firstday, 20th day in the Month of the Storms
Raona Corbin, esquire
Humble servant to the Holy Cause of Justice and to the City of Waterdeep
Under the guiding hand of
Lady Maybel, Priestess of Tyr

Waterdeep Lawriters Update #3

Greetings, fellow Citizens -

The time has come for me to again appraise ye of the progress of the Waterdeep Lawmakers, as well as to make ye aware of a few related developments. We have been busy indeed, but the process of developing legislation takes time. We struggle to give careful thought to the long-term implications of our proposed policies.

In that vein, I would first like to explain two new concepts that we are now considering in detail. These involve means of providing access to Waterdeep to those normally excluded from its gates. I bring these up because the Lawriters are most interested in the opinions of the public on such matters, as well as those of individuals likely to be impacted directly should such new policies emerge. These policy ideas are as follows:

1) Passports - Passports would provide a means of making exceptions to the general rules the City guards have been trained to enforce. As ye well know, the guards at the gates have been trained to recognize dark elf blood, orcs, goblinkind, duregar, and other readily-recognized members of races known for their dark natures. An effort has also been made to train them to recognize fiend bloods, but there the cues are subtle enough that they've not really managed it. At any rate, most of us with open minds have met at least one member of such races that hast overcome the innate dark tendencies of their kin and are fine and upstanding individuals. Passports would provide a means for such individuals to gain free access to the City. The passports would need to be presented to the Gate guards, and then worn whilst in the city - but with some effort and no...incidents...the public would hopefully come to trust these documents, and feel comfortable about members of these races bearing a passport. In order to maintain the legitimacy of passports, they would need be uniquely tied to their bearer, and not readily forged. This may require some magical effort, and thus an appreciable charge for their preparation. It is also our vision that a passport seeker would need to have a sponsor within the city, perhaps several, willing to vouch for their character and bear part of the burden for what misdeeds they may enact.

2) Visas - Some individuals clearly do not deserve the trust of the populace, but may nonetheless have legitimate business within the City. Waterdeep being a city founded on trade, we would have any wishing only to trade in peace be able to enter the City safely and do so - alas, public reaction to a drow in their midst is understandably fearful, if not outright hostile. Merchants of the dark races have been kept out of our midst largely for this reason: that an extensive effort on the part of the guard and Watch would be needed to ensure their compliance with our laws, as well as their personal safety. It occurs to us that if a merchant or other visitor were willing to take on that appreciable expense, however, and agree to abide by our laws, a guard detail could be assigned to accompany them as they travel in the City, ensuring both. It would clearly remain the right of any citizen to refuse to deal with them, but they would not be turned away at the Gates. The purchase of a visa would entail payment for the guard detail, as well as an appreciable security deposit. The latter would be returned when they returned the visa. A visa would cover a single, contiguous visit to the City, and would not be transferable. A visa purchase would also involve the signing of an oath to obey the laws of the City. Any infractions upon that oath would entail summary sentence for said crime, as well as a ban on obtaining further visas for a period of time, perhaps in perpetuity.

I should also make ye all aware that the membership of the Lawmakers hast recently expanded to include some new members, and now stands at myself, Lerytha, Maybel, Algon, Caelnai, Gwain, Sean, Jaenoic, and Jarus, with Cerise having been extended a probationary seat on the Council as well, but having been unable to attend of late. We can be recognized by the distinctive badges we wear while on duty, silver badges with a scales and quill symbol upon them. Please feel free to bring to any of our attentions your thoughts on these and other matters relating to the future of law and the legal system in the City of Splendours.

Let me conclude with the first piece of legislation that we have completed and approved, it now being ready for consideration by the Lords of the City, who shall determine if and how it shall actually be enacted. It involves a new legal stricture, the concept of Impeding Justice. It would also apply to appeals made without reasonable cause, as determined by from the vantage point of the judge hearing the appeal.

This law, as others to follow it, incorporates several general principles, including the size of fines and the concept of degrees of crime. I shant attempt to detail these all presently, but I should explain degrees of crime, and our vision of the new judicial sequence that would go along with them. Degrees have been developed as a means of differentiating between crimes committed in error, those resulting from a lack of forethought, and those the result of thoughtful and malevolent intent. In our vision of the new judicial process, cases would involve two phases: Guilt and Sentencing. In the guilt phase, the question would be simple: did you, or did you not, break said law? It would fall upon law enforcement to offer proof beyond a reasonable that the accused was guilty, innocence being assumed until one was proven guilty in this phase. One's plea in the guilt phase, however, would be taken into account in the Sentencing phase, if found guilty. In the Sentencing phase, the degree of the crime would be decided. [OOC: Note, this is different than in any current legal system that I am aware of, but we think it makes a lot of sense!] The presumption would be the fifth degree, with the prosecution charged with arguing for a higher degree and the burden of supporting a claim of the sixth degree falling upon the guilty party. In the sentencing phase, looser rules of proof would apply - such matters would largely fall to the discretion of the judge in the case. If the crime has a specific victim, the wishes of the victim would be taken into consideration with respect to sentencing. If the judge were convinced that the victim genuinely, and without duress, did not wish to press charges, sentence may be dropped entirely. (But a record of guilt of the crime would still be maintained.) This system also offers law enforcement an advantage in that the Watch would be free to focus on the relatively simple question of guilt in deciding whether or not to take a suspect into custody.

Here are the degrees of crime, as we have currently outlined them:

First Degree - A premeditated, intentional crime. Planned, and executed with intent and/or with malice. This would include planned lies and deceit.

Second degree - Intentional, with malice, but at the spur of the moment. Includes, for example, an unplanned lie to the court or Watch.

Third degree - Intentioned, but without specific malice. A loss of self-control, a fit of rage that struck out without target, at whomever was unlucky enough to be in the way - or a lie, told by a compulsive liar, not out of motivation to escape consequences.

Fourth degree - Unintentional, but the result of things under the individual's control and knowledge: accidental, but informed. Mistakenly casting a spell, for example, that ends another's life, not doing so with any intent to harm, but cognizant of the potential threat inherent in the spell.

Fifth degree - Unintentional, and done unknowingly or for reasons beyond the perpetrator's control. "Innocent" crimes: carried out in the very real belief that nothing was wrong, due to ignorance of the law, ignorance of the truth, etc. Claims of ignorance of the law will be difficult to support for any but the newest of visitors to Waterdeep, for signs will be posted informing all of the laws, in conspicuous places throughout the city: at the gates, and in the Market Square.

Sixth degree - In self defense or under other duress. With murder in such a situation being only in the sixth if that be the only way to preserve one's own life. Some situation where only killing one's hunter will preserve one's own life, as they can not be subdued. For a crime of Impeding Justice, this defense may cover a situation where one lies to or fails to inform the authorities of a crime because of a threat to themselves or one they care about.

Degrees of Crime now explained, here is the text of the new Impeding Justice legislation:

Legislation: Impeding Justice
(Discussed, drafted, debated, approved [4 in favor/0 against/0 abstentions])

Short name: Impeding Justice

Full name: Impediment of Justice in the City of Waterdeep

Description: Through action or inaction, behavior that impedes the justice system of the City of Waterdeep. Examples include aiding and abetting in crime; failure to report a crime one witnesses, to proper authorities; obstructing the Watch physically, or by deceit; lying to the Courts; harbouring a criminal; or otherwise acting against the system of justice. Spurious appeals of sentences are also covered by this statute.

Summary Description: It is a crime to work against or impede justice in Waterdeep.

Limitations: In the most serious of cases, the statute of treason against the City would apply instead. When the base crime in question is one of Disturbing the Peace, this statute shall not apply.

Jurisdiction: Magistrates, except in minor cases - at the discretion of the arresting officer or their superiors

Sentencing guidelines
=====================
First Degree: Loss of tongue, forfeit of life, permanent ban, as appropriate - First Degree impediment of Justice is a serious crime. Any intentional participation in a crime (without actually committing the deed), premeditated lies under oath or questioning, setting up a safehouse or getaway plan for a planned crime, etc.

Second degree: Temporary banning from the City / Harsh Interrogation / Long Jail Sentence - Lying at the spur of the moment, intentionally taking in and/or aiding an obvious fugitive, working against the Watch in pursuit (if motivated by who was being pursued or why they were being pursued), etc.

Third degree: Time in Jail / Substantive Fine - Any general opportunistic working against the cause of Justice, without intended connection to a particular crime. Tripping a Watchman in pursuit, pointing them in the wrong direction, sale of items of use to criminals (with criminals as the intended market), etc.

Fourth degree: Time in the Stocks / Fine - "Forgetting" or "Being too Busy" to report crime, providing anything that could reasonably be construed as only useful in the commission of crime (without knowing that a crime was planned or realizing the nature of what was sold), mistakenly aiding and abetting (but where the guilty *should* have realized).

Fifth degree: No penalty - In a case where the prosecution fails to convince the court that the guilty truly did realize they were impeding justice, the guilty face no penalty. Examples include offering lodging to a criminal unbeknownst, actual ignorance of the Watch and the need to inform, bumbling innocently into the path of a Watch Officer in pursuit, etc.

Sixth degree: Time in the Stocks - In cases where the guilty party's life, property, and/or loved ones were under threat, or could be reasonably construed to have been so threatened. The City still believes that in such a case an individual should come forward, or not otherwise impede justice, and seek the protection of the City and the Watch. However, viable threat should be viewed as a mitigating factor.

Recidivism: Individuals displaying a pattern of involvement with, or failure to report, crime, should have a harder time arguing for a lower degree of this crime. This includes those brought up repeatedly and sentenced in the Fifth degree, such as the Innkeeper to who's Inn every scoundrel runs in order to escape the Law - in the face of such a pattern, they need to improve the place's reputation, by inviting in the Watch and reporting anything at all suspicious.

Bail recommendations: Innkeepers shall not be taken in for this crime, their holdings in the City being non-motile and understood to serve as bail. For others, bail can be readily refused for this crime, but if offered, enough should be taken from them so as to ensure that they are not a flight risk.

Bounty recommendations: Bounties shall not be offered for this crime. Note that serious cases in higher degrees may fall under the banner of treason, instead, which does offer the possibility of bounties.

Rationale: It is rather obvious that the Watch alone can not enforce Justice in the City of Splendours. The cooperation of the public is essential. The Lawmakers debated at some length whether failure to act should constitute a crime, but there was a surprising level of agreement, in the end, that it should. Surely a first-time visitor can claim a failure to appreciate what to do in the case of a crime, or perhaps even the need to speak up concerning such - but after spending some time in the City, a failure to do one's part to keep the City a safe and prosperous place becomes a transgression worthy of penalty.

I hope to present further completed legislation to ye in the coming months, with Disturbance of the Peace being the next likely to be voted upon and approved. I am happy to report that its draft form allows Watch members to apply their own judgement in determining the distinction between a prank and a disturbance, rather than tying them to an inflexible metric.

Respectfully submitted on this Seconday, 11th day in the Month of Deepwinter
Raona Corbin, on behalf of the Lawriters of City of Waterdeep[/quote]