Criminal Justice In Everett

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The Criminal Justice system of the Union of Everett is the primary system within the country that maintains and enforces the rule of law. The system is bound and limited by the Constitution and its Amendments, which outline the rights of the people, including the rights of the accused. The Everetti criminal justice system is made up of a series of tiers of law enforcement agencies and court systems.

The justice system of Everett is based on fair and just due process. The Constitution regulates and mandates a system of balances to ensure an effective justice system and the ability of law enforcement to carry out duties while protecting the rights of the people.

Law Enforcement

Law enforcement in Everett is made up of municipal (local), county, state and federal agencies.

File:NYPD Car1.jpg
New York City Police
  • Local LEO: Local (municipal) or village, town or city police agencies are the lowest level of government law enforcement in Everett. Local police may enforce all laws initially but investigations may be taken over by federal agencies depending on the crime such as narcotics, federal crimes and terrorism. Local police primarily enforce within their own city jurisdictions although in the Union of Everett, laws allow for police to act on or off duty in any jurisdiction within Everetti territory. Police are therefore legally allowed to pursue suspects over state lines during pursuits.
  • County Sheriff: The Sheriffs Department is a county law enforcement agency and holds higher authority in the county than local police. The Sheriff is the highest enforcement official in a county and leads the department of his fellow enforcers, known as Sheriff's deputies. In most places, the Sheriff is elected to his or her position while deputies are hired or appointed. Sheriff's departments control authority over county jails, county coroners departments, morgues and have the duties in most places in dealing with evictions, SWAT operations, county civil defense, emergency disaster service, rescue service and emergency management. The Sheriff holds the rightful authority over a county as the highest official, which authorizes his or her ability to aid or to refuse state, federal or military operations within his or her lawful jurisdiction.
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New York State Trooper
  • State Police: State police are a police body unique to each Everetti state, having statewide authority to conduct law enforcement activities and criminal investigations. In general, they perform functions outside the jurisdiction of the county sheriff, such as enforcing traffic laws on state highways and interstate expressways, overseeing the security of the state capitol complex, protecting the governor and training new officers for local police forces too small to operate an academy. In several states, state police are referred to as State Troopers and in others, Highway Patrol.
  • Federal Agency: Federal agencies are federal law enforcement agencies that have nationwide authority to conduct investigations. In Everett there are several agencies for varying forms of federal crimes. Federal law enforcers are called Federal agents. Each law enforcement agency on the federal level maintains their specific duty and jurisdiction of criminal investigation. The Bureau of Narcotics And Firearms (NAF), for example, focuses on the enforcement of illegal narcotics trafficking and illegal weapons trafficking, including explosives enforcement. The Union of Everett Marshals on the other hand, focus on tracking and capturing fugitives from justice.
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Federal Bureau of Investigation agents.

Training

Law enforcement are required to be trained through college courses and later academies. All law enforcement are required to pass a minimum of an Associates degree (two years) in some form of law enforcement or criminal justice related degree. Federal agencies require a four year Bachelors degree. Following graduation, law enforcement academies are required to teach future officers or agents all required skills in firearms, tactics and driving courses among training in police/public relations, corruption training and sensitivity training. All law enforcement are required to be trained in and approved for use and possession of all forms of weapons ranging from pistols, shotguns, sub machine guns, rifles and combat weapons. Some agencies require additional courses and training, such as the Union of Everett Crisis Unit, who must pass paramedic certification, basic emergency medicine procedures and agents must be trained in at least one fluent language in addition to English. PCI agents must be trained in college courses in either psychology, biology, physics or parapsychology. PCI agents with previous experience in paranormal investigation can join the PCI without the college requirement. Classes on learning Latin are recommended for PCI agents. CTTF agents are required to take college courses in computer technology.

Constitutional Rights

The Constitution of the Union of Everett guarantees several civil rights regarding criminal justice, justice procedures and court proceedings.

  • First Amendment: Guarantees a right to privacy.
  • Fourth Amendment: Guarantees a right to privacy and requires a warrant signed by a judge of a court system under oath of reasonable cause to search and seize property in any form. This is extended to electronic devices and vehicles. Law enforcement by law may not search vehicles without warrants. Electronics may not be seized and searched without warrant. Even with a warrant, the owner of an electronic device has no duty to reveal his or her passwords.
  • Fifth Amendment: Guarantees the right to remain silent. No person can be forced to testify against him/herself nor be forced to admit to a crime or forced to speak whether at trial or during interrogations. Prohibits asset forfeiture or seizure of property without due process.
  • Sixth Amendment: Guarantees the right to a fair trial by jury, and includes the right to an attorney or representation in court, during interrogation or any other event.
  • Seventh Amendment: Guarantees the right to a trial by jury and to not be tried twice for the same offense.
  • Eighth Amendment: Protects persons against illegal, unlawful, unfair or excessive fines and or bail. Also protects against cruel or unusual punishments. Protects Everetti citizens from extradition to other nations deemed as corrupt, biased or cruel.

Miranda Warning

The Miranda Warnings were first developed in the United States which were required to be read at the arrest of any suspect or person. The warning consists of the rights of the arrested person. In the Union of Everett, the Miranda warning must be read to any individual who is being arrested or detained.

"You have the right to remain silent. Should you refuse that right, anything you say or do can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you."

Miscellaneous Civil Rights Laws Regarding Criminal Justice

  • Law enforcement officers are required to wear a video camera device with audio to record interactions on duty.
  • Law enforcement vehicles are required to possess a dash-cam (video/audio) system to record driving activities on duty.
  • Law enforcement recording equipment must be designed in which they cannot be disabled or turned off. Recordings must be able to be automatically and constantly uploaded to a cloud system which becomes legal public record.
  • Individuals have the right to record law enforcement with video/audio during encounters with on-duty officers, but may not interfere in duties if said individual is not directly involved.
  • Law enforcement MUST announce their presence and announce their possession of a search warrant when performing a raid or search of a property. This requirement is not mandated during hostage negotiations, rescue operations or stand-offs with armed offenders. (See also: No-Knock Warrant)
  • Law enforcement agencies have no lawful authority to seize property without a court ordered warrant. This specifically includes civil asset forfeiture. It is a crime for law enforcement agencies to seize property under asset forfeiture laws until an individual has been convicted. (See also: Forfeiture (law))
  • Asset forfeitures seized may only include the direct belongings and property of the convict him/her-self.
  • Law enforcement, government and courts retain no authority to utilize the homes, vehicles or property of law-abiding citizens for conducting official business, operations or other activities. (See Constitutional Amendment 3; See also: Eminent Domain)
  • It is unlawful for law enforcement or courts to enforce asset freezing or other intimidation tactics against law-abiding individuals or against family or associates of a criminal suspect.

Common Crimes & Punishments

Crime Level Sentence Upon Conviction Notes
Murder 1 Death Penalty The killing of a human being in an act of violence.
Rape 1 Death Penalty The sexual assault of an adult against consent or will of a victim or victims.
Child Molestation 1 Death Penalty The sexual assault of a minor regardless of consensual status.
Terrorism 1 Death Penalty Any act of war against the Union of Everett or otherwise against a civilian populous.
Slavery/Human Trafficking 1 Death Penalty Enslavement of human beings, trafficking of slaves or hostages or forced labor of any person or persons.
Manslaughter 2 Life Imprisonment The killing of an individual non-deliberately, ie: crime of passion.
Attempted Rape 2 Life Imprisonment The attempted and failed sexual assault of an adult.
Attempted Child Molestation 2 Life Imprisonment The attempted and failed sexual assault of a minor.
Kidnapping 2 Life Imprisonment The taking by force of a human being non-consensually, taking as a hostage or taking for ransom any person.
Gun Crime With Previous Criminal Record 2 Life Imprisonment Possession of a firearm with a criminal record or commission of a crime with a firearm with a previous record.
Hijacking 2 Life Imprisonment Usually defined as the attempted or successful hijacking of aircraft but may also include trains and sea craft. Includes threats of possessing bombs, explosives or weapons.
Identity Theft 3 25 Years Minimum The hijacking or stealing of personal and private data or another person regardless of reasons and or the use of personal and private data for criminal behavior including fraud.
Carjacking 3 25 Years Minimum Not to be confused with Stealing A Vehicle. A carjacking is defined as the stealing of a vehicle by force against the vehicle's owner including physical threat, assault, harassment or if a minor is involved as a victim, assaulting a minor, kidnapping and or other.
Assault & Battery 3 25 Years Minimum Not to be confused with Assault. Defined as physical attack resulting in extensive injuries requiring medical treatment, surgery, repair and or permanent damages.
Hate Crimes 4 15 Years Minimum Compounds a normal criminal offense, ex: Assault & Battery (25 years imprisonment) as a hate crime (15 years added to sentence) totaling 40 years incarceration.
Gang Offense 4 15 Years Minimum Compounds a normal criminal offense when committed by a member of a gang, ex: Carjacking (25 years imprisonment) as a gang offense (15 years added to sentence) totaling 40 years incarceration.
Driving While Intoxicated/Under Influence 4 15 Years Minimum or Rehabilitation Use of a motor vehicle under the influence or intoxicated by an alcoholic or narcotic substance.
Possession Of Illegal Narcotics 5 Rehabilitation Does not include possession of marijuana.
Under The Influence Of Narcotics 5 Rehabilitation Does not include marijuana.
Grand Larceny 5 5 Years Stealing of cash or property worth over $1,000.
Grand Theft Auto 5 5 Years Imprisonment Defined as breaking and entering into a vehicle and stealing it. May also include joyriding.
Bullying 5 Detention Center Conviction if assault, physical harassment and or sexual harassment has occurred. Convict will remain at a detention center for minors until the age of 21.
Aggravated Harassment 5 5 Years Imprisonment Includes sexual harassment, physical harassment, injury, basic assault (attack resulting in minor to no injury), stalking, minor sex offenses, repeated harassment of a victim and or violating a restraining order.
Assault 5 5-10 Years Imprisonment Physical attack resulting in an injury requiring treatment (bruising, fractures, loss of teeth, stitches/sutures).
Burglary 5 5 Years Imprisonment Entering of a home or vehicle and stealing property or cash.
Driving While Texting (DWT) 6 2 Years Imprisonment Use of a texting device while operating a motor vehicle.
Vandalism 6 6 Months Imprisonment or Community Services Destruction of private or public property.
Cyber Bullying 6 2 Years Imprisonment or Community Services/Probation Repetitive online, internet harassment, sexual harassment, identity theft, impersonation, defacement, cyber terrorism, hacking, dissemination of private information, defamation and or cyber hate crimes.
Traffic Infractions 7 Ticket/Fine Speeding, running stop signs/red lights, driving without license...
Online/Internet Piracy 7 Fine Requires convict to pay for damages of stolen content in the amount of $.99 per song, $20.00 per movie, $50.00 per video game/computer software.
Obscenity 7 Ticket/Fine/Probation Racism, discrimination, verbal abuse, hate crimes, hate speech, display of illegal insignia (swastika, white pride symbols, Nazi insignia). Probation for repeat offenders.
Littering 7 Ticket/Fine

Crime Enhancers

Criminal Punishment enhancers are laws and legal methods to deter certain forms of crime by adding on years on incarceration for committing special offenses. Currently two criminal punishment enhancers exist under Felony charges and federal crimes, Hate Crimes law and Gang Offense law. Both Gang Offense and Hate Crime enhancers add 15 years of imprisonment to offenders charged and convicted of a gang offense or hate crime. Gang Offenses are added to charges when a member of a gang commits a crime. In an attempt to reduce gang membership and criminal behaviors, enhanced punishments are used to deter new membership. An offense such as assault, which results in 25 years imprisonment, committed by a gang member, is a Gang Offense, resulting in up to 40 years incarceration, even if the offense was not gang related. Similarly, Hate Crimes are also enhanced with 15 year sentences to deter biased based criminal behavior. Offenders who choose to commit an offense, usually a violent one, against a person based on their differences such as race, orientation, gender identity, sex, age or nationality, will have Hate Crimes charges added to the offense. Both enhancers have effectively reduced criminal behavior and have put away repeat offenders away for longer periods of time, effectively protecting potential target victims in the future.

Life Imprisonment

Life Imprisonment is defined in the Union of Everett as a second level punishment of a lifetime term of incarceration for a Level Two crime. The convicted person shall remain incarcerated in prison for the remainder of his or her life. Upon reaching the age of 65, the prisoner will be transferred to a retirement prison for elderly inmates. Here, the prisoner will remain until natural death. Life Imprisonment has no chance for parole.

Death Penalty

The death penalty is a sentence given to convicts who have been convicted of the most heinous crimes under Everetti law. These crimes include murder, rape, child sex offenses, child pornography, human trafficking/slavery, terrorism, assassination, Treason and other high level offenses. Those sentenced to death are executed via poisoning with carbon monoxide (CO).

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