Law and justice in the Allied States is based on the foundation of the Constitution of the Allied States, which is the foundation of the Government of the Allied States. The other levels of law, such as state and local laws, cannot come into direct contrast of the Constitution, and may be found invalid if done.
General overview Edit
Main article: Constitution of the Allied States
The Constitution is the key regulatory document of the federal, state and local governments. It provides wide and basic limitations to all levels of government and in the Bill of Rights highlights the most important rights of citizens. No other law, federal nor state may contradict the Constitution, however, the Senate may call a vote to amend or change the document.
Miranda Rights Edit
The Allied States has it's own set of Miranda Rights, which must be read to suspects if they are being charged with a felony, or they are going to be interrogated:
"You have the right to remain silent. Anything you say or do can and will be held against you in an Allied States court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. If you are not an Allied States citizen, you may contact your country's embassy or consulate prior to questioning. You may choose to not exercise these rights immediately, but you may do so at any time during the questioning. Do you understand these rights as they have been read to you?"
Levels of law Edit
Federal law Edit
Main Article: Allied States Code
Federal law in the Allied States is the highest form of law, thus works with the Constitution of the Allied States. Laws passed by Senate and the executive branch are classified as federal law. The Constitution provides that federal law forever remain superior to any state law or local ordinance, thus, any law contradicting federal statutory law or the Constitution itself will be null and void. "Federal offences" or "federal crimes" are crimes which are illegal under federal legislation. These crimes may also be illegal under state law, but such remains ceremonial, and suspects will be prosecuted in a federal court. The prosecutor of these crimes will almost always be part of the Department of Justice's Office of the Allied States Attorneys.
Law by type Edit
Main article: List of Allied States federal legislation
Sexuality and sex laws Edit
Age of consent
For a person to be charged with statutory rape, the victim must be younger than 14 years, however, the national age of consent in the Allied States is 16. The perpetrator will instead be fined with a hefty amount. Persons aged 16 and older may consent to a sexual relationship with anyone older or 16 themselves. These persons are still restricted from taking part in hardcore pornography until they are 18, however, nude photography and other forms of nude art is allowed. The Protection of Minors Act defines more.
Abortion and contraception
Devices or medications designed to prevent pregnancy is completely legal on a national level. Male forms of contraception include condoms and surgical or non-surgical vasectomies. Female forms of contraception include birth control, insertable devices or surgical tubal ligation. These devices of medications can be bought at any licensed medical institution. Abortion is regulated by state law, however, one federal right applies. Women whose lives are threatened by the pregnancy are authorized to abort their babies. The Protection of Minors Act also defines this.
Adultery is not regulated by any federal or state law, however, is forbidden to be criminalized. State legislatures are allowed to decide whether adultery is able to be used in a court of law during the termination of a marriage. Religious law's jurisdiction, such as in Islam where women can be punished for being raped outside of marriage, is also be considered by state law. However, the latter is expected to be discussed in Senate.
The right to create, distribute and posses pornography is protected by the First Right of Article 8 of the Allied States Constitution (also known as the Bill of Rights). This right, however, has led to the complete legalization of obscene forms of pornography such as scatophilia and urophilia. Bestiality is illegal since it is considered as animal abuse. Child pornography is illegal and classed in three different types: possession, distribution and production. Including the First Right, the Pornography Regulation Act defines this.
Federal offences Edit
- Treason: Federal offence with a mandatory life sentence with the possibility of death.
- War crimes: Federal offence with a mandatory sentence of 25 years, with the possibility of life in prison or death.
- Terrorism: Federal offence which varies from 15 to life sentence, or death.
- Governmental perjury: Varies from 15 to life sentence.
- Production of child pornography: Varies from 10 to 25 years.
- Computer crimes against the government: Varies from 5 to 25 years.
- Hate crimes with use of force: Varies from 5 to 25 years.
- Violating foreign law: Varies from 0 to 25 years.
- Kidnapping with intent to harm: Varies from 5 to 20 years.
- Perjury: Varies from 5 to 10 years.
- Computer crimes (successful): Varies from 1 to 10 years.
- Drug manufacturing: Varies from 5 to 15 years.
- Human trafficking: Varies from 10 to 25 years.
- Government acceptance of bribery: Varies from 1 to 10 years.
- Computer crimes (attempted): Varies from 1 to 5 years.
- Credit or debit card fraud: Varies from 1 to 10 years.
- Drug trafficking: Varies from 1 to 10 years.
- Hate crimes without use of force: Varies from 0 to 15 years.
- Identity theft: Varies from 0 to 5 years.
- Insurance fraud: Varies from 1 to 10 years.
- Kidnapping: Varies from 1 to 15 years.
- Pyramid schemes: Varies from 1 to 10 years.
- Securities fraud: Varies from 1 to 10 years.
- Solicitation: Varies from 1 to 10 years.
- Stalking with intent to harm: Varies from 5 to 10 years.
- Statutory rape: Varies from 0 to 5 years.
- Stalking: Less than 1 year and fine.
- Schoolyard assault: Varies from 0 to 5 years.
- Tax evasion: Varies from 0 to 5 years.
- Probation violation: Varies from 0 to 5 years.
State law Edit
State legislatures and local councils may pass their own laws which are not already covered by federal law or contradict federal law. State governments decide on which laws their county and city subordinates may create. The prosecution in state offences consists of members from the state's attorney general's office. Other than that, more local-level prosecutors such as district attorneys or county attorneys may act if the incident is confined to their jurisdiction.
State offences Edit
- Murder (1st degree): State offence which varies from 25 to life sentence, or death.
- Arson with deaths: State offence which varies from 25 to life sentence, or death.
- Rape (successful): State offence which varies from 25 to life sentence, or death.
- Assault with a deadly weapon: Varies from 10 to 25 years.
- Conspiracy to commit murder: Varies from 5 to 15 years.
- Voluntary manslaughter (2nd degree murder): Varies from 5 to 25 years.
- Rape (attempted): Varies from 15 to 25 years.
- Arson without deaths: Varies from 5 to 25 years.
- Unprovoked assault: Varies from 5 to 20 years.
- Distribution of child pornography: Varies from 5 to 15 years.
- Conspiracy to assault: Varies from 1 to 5 years.
- Domestic violence: Varies from 1 to 5 years.
- Racketeering: Varies from 5 to 20 years.
- Money laundering: Varies from 5 to 10 years.
- Burglary: Varies from 1 to 5 years.
- Child abuse (major): Varies from 1 to 5 years.
- Involuntary manslaughter: Varies from 0 to 5 years.
- Embezzlement: Varies from 5 to 15 years.
- Extortion: Varies from 1 to 10 years.
- Forgery: Varies from 1 to 5 years.
- Illegal prostitution: Fine.
- Armed robbery: Varies from 1 to 10 years.
- Theft: Varies from 0 to 5 years.
- Bribery: Varies from 1 to 5 years.
- Child abuse (minor): Less than 1 year and fine.
- Unarmed robbery: Varies from 0 to 5 years.
- Possession of child pornography: Fine.
- Minor in possession (drugs): Fine.
- Criminal contempt of court: Less than 1 year and fine.
- Flag disgracing: Less than 1 year and fine.
- Disorderly conduct: Less than 1 year and fine.
- Illegal drug possession: Less than 1 year and fine.
- Harassment: Less than 1 year and fine.
- Vandalism: Less than 1 year and fine.
- Minor in possession (alcohol): Fine.
- Public intoxication: Less than 1 year and fine.
- Indecent exposure: Less than 1 year and fine.
- Loitering: Fine.
- Obstruction of justice: Less than 1 year and fine.
- Shoplifting: Less than 1 year and fine.
- Trespassing: Less than 1 year and fine.
- Schoolyard harassment: Less than 1 year and fine.
Courts of the Allied States Edit
- Supreme Court of the Allied States: The Supreme Court is the highest court in the judicial system of the Allied States. The Chief Justice of the Allied States is the head of the court, and the nine Associate/Deputy Justices are the general judges. This court is mainly used for criminal cases which have passed the Criminal Court of Appeal. However, cases have been heard where the case has passed the Civil Court of Appeal.
- Allied States High Courts of Appeal: The High Courts of Appeal are the courts of last resort in all except constitutional matters; it hears only appeals. It is led by the President of the High Courts of Appeal. Both criminal and civil appeal cases are heard in this court.
- Allied States High Courts: These courts are the general trial courts of the Allied States federal court system. Both civil and criminal cases are filed in these courts. They are the equivalent of the former United States District Courts, however, the Allied States isn't divided into districts.
- State Supreme Court
- State Court of Appeal
- State Superior Courts (one per county)
Law Enforcement Edit
Main article: Law enforcement in the Allied States
Law enforcement is also divided into three categories: federal (FJB, DEA etc), state (state patrol etc) and local (sheriff and police departments). In that order, law enforcement agencies are either superior or inferior to one another. Any licensed law enforcement agency enforces any law, be it federal or state, regardless of the agency's jurisdiction.