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The Dark Witch: An Issue Regarding Sentencing

For discussion and debate about anything. (Not a roleplay related forum; out-of-character commentary only.)

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What sentence do you vote for? Please justify in light of fairness, personal views and policy goals.

1. No further punishment, warned and released
2
9%
2. A set number of weeks/months/years of mandatory community service
1
4%
3. Hospitalization for mental illness
4
17%
4. ~1-2 years in magical jail
2
9%
5. ~5 years in magical jail
1
4%
6. ~10 years in magical jail
2
9%
7. ~20 years in magical jail
4
17%
8. Life imprisonment
2
9%
9. Death penalty
4
17%
10. Other
1
4%
 
Total votes : 23

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The Free Joy State
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Postby The Free Joy State » Sun Jun 20, 2021 5:15 am

Infected Mushroom wrote:
The Free Joy State wrote:Very reluctantly. You say she was sullen and it took her may hours: This does not suggest any remorse. Lack of remorse is an aggravating factor when calculating charges.

It also was unnecessary busywork as anyone who invades a school or attacks a child should be turned straight over to the police -- no exceptions -- and the full-force of the law be brought down upon them (unless they are found to be legally incompetent, in which case they can be committed to a secure unit).


1,000 repetitions of a paragraph by hand using quill and parchment is going to take more than a whole evening (in fact, I'm not even sure it's physically possible). And I think anyone writing that out is not going to look too happy.

Have you ever done any lines in school? I think I was assigned 200 or something (and it was one sentence) and it still took tons of time.

My school didn't use lines. And, frankly, the effect of a (inappropriate for the gravity of the situation) punishment on the person (or witch, rather) who terrorises children is not a major issue for me.
Last edited by The Free Joy State on Sun Jun 20, 2021 5:22 am, edited 1 time in total.
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Infected Mushroom
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Postby Infected Mushroom » Sun Jun 20, 2021 5:26 am

The Free Joy State wrote:
Infected Mushroom wrote:
1,000 repetitions of a paragraph by hand using quill and parchment is going to take more than a whole evening (in fact, I'm not even sure it's physically possible). And I think anyone writing that out is not going to look too happy.

Have you ever done any lines in school? I think I was assigned 200 or something (and it was one sentence) and it still took tons of time.

My school didn't use lines. And, frankly, the effect of a (inappropriate for the gravity of the situation) punishment on the person (or witch, rather) who terrorises children is not a major issue for me.


but you're using it to make an inference with respect to your final assessment of the exact sentencing years; all I'm saying is that people doing lines generally don't look very happy and it seems a bit too much to infer that it shows lack of remorse or any other qualities from that

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The Free Joy State
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Postby The Free Joy State » Sun Jun 20, 2021 5:27 am

Infected Mushroom wrote:
The Free Joy State wrote:My school didn't use lines. And, frankly, the effect of a (inappropriate for the gravity of the situation) punishment on the person (or witch, rather) who terrorises children is not a major issue for me.


but you're using it to make an inference with respect to your final assessment of the exact sentencing years; all I'm saying is that people doing lines generally don't look very happy and it seems a bit too much to infer that it shows lack of remorse or any other qualities from that

Even excluding the lines, I would have come to the exact same conclusion regarding the sentence.
Last edited by The Free Joy State on Sun Jun 20, 2021 5:28 am, edited 1 time in total.
"If there's a book that you want to read, but it hasn't been written yet, then you must write it." - Toni Morrison

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Infected Mushroom
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Postby Infected Mushroom » Sun Jun 20, 2021 6:01 am

The Free Joy State wrote:
Infected Mushroom wrote:
but you're using it to make an inference with respect to your final assessment of the exact sentencing years; all I'm saying is that people doing lines generally don't look very happy and it seems a bit too much to infer that it shows lack of remorse or any other qualities from that

Even excluding the lines, I would have come to the exact same conclusion regarding the sentence.


So you're just going to import the UK penal code into the situation without any personal modifications?

You agree completely with the common law/statutory sentencing for the years?

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The Free Joy State
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Postby The Free Joy State » Sun Jun 20, 2021 6:39 am

Infected Mushroom wrote:
The Free Joy State wrote:Even excluding the lines, I would have come to the exact same conclusion regarding the sentence.


So you're just going to import the UK penal code into the situation without any personal modifications?

You agree completely with the common law/statutory sentencing for the years?

The sentence I gave differed from the UK sentences in several places. And, in practise, someone who traumatised and attacked children, could have probably got a much lighter sentence in the UK.

I gave her a more appropriate minimum for attacking a child.
Last edited by The Free Joy State on Sun Jun 20, 2021 6:40 am, edited 1 time in total.
"If there's a book that you want to read, but it hasn't been written yet, then you must write it." - Toni Morrison

My nation does not represent my beliefs or politics.

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Infected Mushroom
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Postby Infected Mushroom » Sun Jun 20, 2021 6:52 am

The Free Joy State wrote:
Infected Mushroom wrote:
So you're just going to import the UK penal code into the situation without any personal modifications?

You agree completely with the common law/statutory sentencing for the years?

The sentence I gave differed from the UK sentences in several places. And, in practise, someone who traumatised and attacked children, could have probably got a much lighter sentence in the UK.

I gave her a more appropriate minimum for attacking a child.


And I understand that you factored in that no lasting damage was inflicted?

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Galloism
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Postby Galloism » Sun Jun 20, 2021 7:03 am

Infected Mushroom wrote:
The Free Joy State wrote:The sentence I gave differed from the UK sentences in several places. And, in practise, someone who traumatised and attacked children, could have probably got a much lighter sentence in the UK.

I gave her a more appropriate minimum for attacking a child.


And I understand that you factored in that no lasting damage was inflicted?

Do they have a spell that acts like a neuralizer too?
Venicilian: wow. Jesus hung around with everyone. boys, girls, rich, poor(mostly), sick, healthy, etc. in fact, i bet he even went up to gay people and tried to heal them so they would be straight.
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New Kereptica: Since power is changed energy over time, an increase in power would mean, in this case, an increase in energy. As energy is equivalent to mass and the density of the government is static, the volume of the government must increase.


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Infected Mushroom
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Postby Infected Mushroom » Sun Jun 20, 2021 7:24 am

Galloism wrote:
Infected Mushroom wrote:
And I understand that you factored in that no lasting damage was inflicted?

Do they have a spell that acts like a neuralizer too?


I suppose so. Why? Would you use it? How?

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Infected Mushroom
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Postby Infected Mushroom » Sun Jun 20, 2021 10:04 pm

It’s very shocking to me that the death penalty leads the polls :(

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Galloism
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Postby Galloism » Mon Jun 21, 2021 4:51 am

Infected Mushroom wrote:
Galloism wrote:Do they have a spell that acts like a neuralizer too?


I suppose so. Why? Would you use it? How?

Well, the only way you're not going to have lasting trauma on some kids who got attacked by a deranged psychopath who held them prisoner and threatened to strip them of their powers is if you wipe their minds.
Venicilian: wow. Jesus hung around with everyone. boys, girls, rich, poor(mostly), sick, healthy, etc. in fact, i bet he even went up to gay people and tried to heal them so they would be straight.
The Parkus Empire: Being serious on NSG is like wearing a suit to a nude beach.
New Kereptica: Since power is changed energy over time, an increase in power would mean, in this case, an increase in energy. As energy is equivalent to mass and the density of the government is static, the volume of the government must increase.


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Infected Mushroom
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Postby Infected Mushroom » Mon Jun 21, 2021 5:10 am

Galloism wrote:
Infected Mushroom wrote:
I suppose so. Why? Would you use it? How?

Well, the only way you're not going to have lasting trauma on some kids who got attacked by a deranged psychopath who held them prisoner and threatened to strip them of their powers is if you wipe their minds.


Even if they get treated as heroes in the aftermath of the incident; and even with the children laughing at the witch by the end of the fight?

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Galloism
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Postby Galloism » Mon Jun 21, 2021 5:11 am

Infected Mushroom wrote:
Galloism wrote:Well, the only way you're not going to have lasting trauma on some kids who got attacked by a deranged psychopath who held them prisoner and threatened to strip them of their powers is if you wipe their minds.


Even if they get treated as heroes in the aftermath of the incident; and even with the children laughing at the witch by the end of the fight?

Yes.
Venicilian: wow. Jesus hung around with everyone. boys, girls, rich, poor(mostly), sick, healthy, etc. in fact, i bet he even went up to gay people and tried to heal them so they would be straight.
The Parkus Empire: Being serious on NSG is like wearing a suit to a nude beach.
New Kereptica: Since power is changed energy over time, an increase in power would mean, in this case, an increase in energy. As energy is equivalent to mass and the density of the government is static, the volume of the government must increase.


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Infected Mushroom
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Corrupt Dictatorship

Postby Infected Mushroom » Mon Jun 21, 2021 5:17 am

Galloism wrote:
Infected Mushroom wrote:
Even if they get treated as heroes in the aftermath of the incident; and even with the children laughing at the witch by the end of the fight?

Yes.


The way my 35 page version of this story goes is that the children are at first curious, and then switch back and forth between being scared and then laughing at the witch.

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Galloism
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Postby Galloism » Mon Jun 21, 2021 5:18 am

Infected Mushroom wrote:
Galloism wrote:Yes.


The way my 35 page version of this story goes is that the children are at first curious, and then switch back and forth between being scared and then laughing at the witch.

Well, clearly you aren't a child psychologist. Also you might have never met actual children.
Venicilian: wow. Jesus hung around with everyone. boys, girls, rich, poor(mostly), sick, healthy, etc. in fact, i bet he even went up to gay people and tried to heal them so they would be straight.
The Parkus Empire: Being serious on NSG is like wearing a suit to a nude beach.
New Kereptica: Since power is changed energy over time, an increase in power would mean, in this case, an increase in energy. As energy is equivalent to mass and the density of the government is static, the volume of the government must increase.


User avatar
The Free Joy State
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Posts: 16402
Founded: Jan 05, 2014
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Postby The Free Joy State » Mon Jun 21, 2021 5:19 am

Infected Mushroom wrote:
The Free Joy State wrote:The sentence I gave differed from the UK sentences in several places. And, in practise, someone who traumatised and attacked children, could have probably got a much lighter sentence in the UK.

I gave her a more appropriate minimum for attacking a child.


And I understand that you factored in that no lasting damage was inflicted?

No. I agree with Gallo that, emotionally, long-term (perhaps lifelong) damage will have been inflicted. She did not wrongfully imprison them for more than a few moments and was so incompetent that her attempted physical attacks backfired. That's why she only gets ten years.

Had she caused them an ounce of physical harm, she'd have got longer.
Last edited by The Free Joy State on Mon Jun 21, 2021 5:20 am, edited 2 times in total.
"If there's a book that you want to read, but it hasn't been written yet, then you must write it." - Toni Morrison

My nation does not represent my beliefs or politics.

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Infected Mushroom
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Founded: Apr 15, 2014
Corrupt Dictatorship

Postby Infected Mushroom » Mon Jun 21, 2021 5:31 am

Galloism wrote:
Infected Mushroom wrote:
The way my 35 page version of this story goes is that the children are at first curious, and then switch back and forth between being scared and then laughing at the witch.

Well, clearly you aren't a child psychologist. Also you might have never met actual children.


What about the self esteem boost from winning against the Dark Witch? Story has a happy ending for the kids.

Also, what’s the trauma potential for the witch?
Last edited by Infected Mushroom on Mon Jun 21, 2021 5:31 am, edited 1 time in total.

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Galloism
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Postby Galloism » Mon Jun 21, 2021 5:48 am

Infected Mushroom wrote:
Galloism wrote:Well, clearly you aren't a child psychologist. Also you might have never met actual children.


What about the self esteem boost from winning against the Dark Witch? Story has a happy ending for the kids.


Given it was mostly luck there's not much self esteem potential there. However, even if there was, there was the trauma about literally being held prisoner and having the threat of their magic drained from them.

Also, what’s the trauma potential for the witch?


Fairly high, but as the perpetrator, there's less sympathy for it. She brought it on herself.
Venicilian: wow. Jesus hung around with everyone. boys, girls, rich, poor(mostly), sick, healthy, etc. in fact, i bet he even went up to gay people and tried to heal them so they would be straight.
The Parkus Empire: Being serious on NSG is like wearing a suit to a nude beach.
New Kereptica: Since power is changed energy over time, an increase in power would mean, in this case, an increase in energy. As energy is equivalent to mass and the density of the government is static, the volume of the government must increase.


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The Holy Therns
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Postby The Holy Therns » Mon Jun 21, 2021 5:56 am

Infected Mushroom wrote:
Galloism wrote:Well, clearly you aren't a child psychologist. Also you might have never met actual children.


What about the self esteem boost from winning against the Dark Witch? Story has a happy ending for the kids.

Also, what’s the trauma potential for the witch?


That's not how experiences work.
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Cameroi
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Postby Cameroi » Mon Jun 21, 2021 6:10 am

well that was a fun story, but we're all witches/magic users here, so that isn't even a factor.
what we're left with is a simple case trespassing, breaking and entering, with possible intent of robbery, and of course physical battery, even if by magical means.
so really a reasonable sentencing would be based on those actual crimes. i think intentional battery, by any means is the most serious, though it may have been a heat of the moment impulsive response to being accidentally struck, combined with the embarrassment of being caught in the act.

so i really think a year of community service to the academy, under the strict supervision of its administration, might be appropriate and meaningful.
you know, with the perp's powers suppressed most of the time for the duration, but allowed, again, only under strict supervision, to be employed in mostly janitorial service, but also possibly as a restrained assistant in one or two classrooms.
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Infected Mushroom
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Founded: Apr 15, 2014
Corrupt Dictatorship

Postby Infected Mushroom » Mon Jun 21, 2021 6:10 am

The Holy Therns wrote:
Infected Mushroom wrote:
What about the self esteem boost from winning against the Dark Witch? Story has a happy ending for the kids.

Also, what’s the trauma potential for the witch?


That's not how experiences work.


How does it work?

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Galloism
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Postby Galloism » Mon Jun 21, 2021 6:11 am

Cameroi wrote:well that was a fun story, but we're all witches/magic users here, so that isn't even a factor.
what we're left with is a simple case trespassing, breaking and entering, with possible intent of robbery, and of course physical battery, even if by magical means.
so really a reasonable sentencing would be based on those actual crimes. i think intentional battery, by any means is the most serious, though it may have been a heat of the moment impulsive response to being accidentally struck, combined with the embarrassment of being caught in the act.

so i really think a year of community service to the academy, under the strict supervision of its administration, might be appropriate and meaningful.
you know, with the perp's powers suppressed most of the time for the duration, but allowed, again, only under strict supervision, to be employed in mostly janitorial service, but also possibly as a restrained assistant in one or two classrooms.

I'm pretty sure that draining someone of their magical power forever and thus creating long lasting damage (with intent) would be aggravated battery at a minimum.

Akin to intending to maim someone.
Last edited by Galloism on Mon Jun 21, 2021 6:11 am, edited 1 time in total.
Venicilian: wow. Jesus hung around with everyone. boys, girls, rich, poor(mostly), sick, healthy, etc. in fact, i bet he even went up to gay people and tried to heal them so they would be straight.
The Parkus Empire: Being serious on NSG is like wearing a suit to a nude beach.
New Kereptica: Since power is changed energy over time, an increase in power would mean, in this case, an increase in energy. As energy is equivalent to mass and the density of the government is static, the volume of the government must increase.


User avatar
Infected Mushroom
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Posts: 39289
Founded: Apr 15, 2014
Corrupt Dictatorship

Postby Infected Mushroom » Mon Jun 21, 2021 6:14 am

Galloism wrote:
Cameroi wrote:well that was a fun story, but we're all witches/magic users here, so that isn't even a factor.
what we're left with is a simple case trespassing, breaking and entering, with possible intent of robbery, and of course physical battery, even if by magical means.
so really a reasonable sentencing would be based on those actual crimes. i think intentional battery, by any means is the most serious, though it may have been a heat of the moment impulsive response to being accidentally struck, combined with the embarrassment of being caught in the act.

so i really think a year of community service to the academy, under the strict supervision of its administration, might be appropriate and meaningful.
you know, with the perp's powers suppressed most of the time for the duration, but allowed, again, only under strict supervision, to be employed in mostly janitorial service, but also possibly as a restrained assistant in one or two classrooms.

I'm pretty sure that draining someone of their magical power forever and thus creating long lasting damage (with intent) would be aggravated battery at a minimum.

Akin to intending to maim someone.


But the school ended up draining her magic instead

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Galloism
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Founded: Aug 20, 2005
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Postby Galloism » Mon Jun 21, 2021 6:15 am

Infected Mushroom wrote:
Galloism wrote:I'm pretty sure that draining someone of their magical power forever and thus creating long lasting damage (with intent) would be aggravated battery at a minimum.

Akin to intending to maim someone.


But the school ended up draining her magic instead

Two wrongs don't make a right.
Venicilian: wow. Jesus hung around with everyone. boys, girls, rich, poor(mostly), sick, healthy, etc. in fact, i bet he even went up to gay people and tried to heal them so they would be straight.
The Parkus Empire: Being serious on NSG is like wearing a suit to a nude beach.
New Kereptica: Since power is changed energy over time, an increase in power would mean, in this case, an increase in energy. As energy is equivalent to mass and the density of the government is static, the volume of the government must increase.


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Infected Mushroom
Post Czar
 
Posts: 39289
Founded: Apr 15, 2014
Corrupt Dictatorship

Postby Infected Mushroom » Mon Jun 21, 2021 6:17 am

Galloism wrote:
Infected Mushroom wrote:
But the school ended up draining her magic instead

Two wrongs don't make a right.


Are you saying that the school should also be sued then?
Last edited by Infected Mushroom on Mon Jun 21, 2021 6:18 am, edited 1 time in total.

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The Holy Therns
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Postby The Holy Therns » Mon Jun 21, 2021 6:18 am

Infected Mushroom wrote:
The Holy Therns wrote:
That's not how experiences work.


How does it work?


If trauma happens but justice is served, that doesn't erase the experience of trauma in any conceivable way. If I'm terrorized by a terrible person but manage to turn the tables at the end, do you think I will simply forget that terror?
Platitude with attitude
Your new favorite.
MTF transperson. She/her. Lives in Sweden.
Also, N A N A ! ! !
Gallade wrote:Love, cake, wine and banter. No greater meaning to life (〜^∇^)〜

Ethel mermania wrote:to therns is to transend the pettiness of the field of play into the field of dreams.

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