board77

The Last Homely Site on the Web

Juror's Handbook for Review

Post Reply   Page 1 of 2  [ 29 posts ]
Jump to page 1 2 »
Author Message
Jnyusa
Post subject: Juror's Handbook for Review
Posted: Mon 30 May , 2005 3:11 pm
One of the Bronte Sisters
User avatar
Offline
 
Posts: 5107
Joined: Tue 04 Jan , 2005 8:54 am
Location: In Situ
 
Juror's Handbook for the committee to review: Edited 6/20/05 to update 'Administrator' to 'Ranger'

HANDBOOK for JURORS, MEDIATORS and LOREMASTERS

Article 5: Dispute Resolution in the Outside Forum
Article 3: Rangers (Administrators), ¶5: Special Powers of Rangers


How You Become a Juror

• If you have been a registered member of Board77 for three months and have 100 posts, the Mayor will contact you and ask if you want to join the Jury Pool. Jurors decide the outcome of Hearings that are held for member violations of the by-laws, or to remove a Ranger or Elected Official from office, or to reverse a ban. Article 5, ¶2

• The Mayor will also ask you if you are willing to serve as a Mediator. When members are resolving personal disputes in the Bike Racks forum, they may request mediation. The job of the mediator is to help members see all sides of the issue and reach agreement. The mediator does not have to decide who is right and who is wrong. The disputing posters must agree on a single mediator, and you do not have to handle a particular dispute if you don’t want to. Article 5, ¶1

• The Mayor will also ask you if you are willing to become a Loremaster. Loremasters are responsible for learning the Charter well enough to oversee a Hearing and ensure that proper procedure is followed. A Jury may request that a Loremaster oversee their Hearing so that they will be free to focus on substantive issues rather than procedural issues. The Loremaster cannot be one of the regular jurors or the alternate, or one of the Rangers who convened the Hearing. The Loremaster does not have decision-making power in the Hearing and does not advocate for any party to the Hearing, but he/she can answer procedural questions raised by any party and can take initiative to alert the jury or other participants what procedure must be followed. Article 5, ¶4

If You Agree to Serve in Any of These Capacities

• If you are willing to enter the Jury Pool, the Mayor will record your date of entry and place your name on the roster in the Jury Room. If you are willing to be a Mediator, your name will also be posted on a roster in the Bike Racks.

• Jurors are called for duty in the order in which they entered the pool, and you do not have to serve on a particular Hearing if you don’t want to. You may also ask to be removed from the pool at any time. Article 5, ¶2

How Juries are Assembled

• Juries are assembled by a Ranger. If you are contacted by a Ranger to serve on a jury, answer promptly. We try to keep jury selection to three days so that the posting rights of a member are not curtailed longer than necessary. Article 5, ¶3

• You will not be called for Jury Duty if you are currently involved in a Hearing in some other capacity (such as witness), or if you have an outstanding penalty against you, or if the Hearing concerns our age-restricted forum and you are under the age of 18. This does not remove you from the pool - you will return to your place in line when the Hearing is over or the penalty has expired. Article 5, ¶2

• Members who have been called to a Hearing have the right to contest two jurors. It may happen that you are called for Jury duty and a member does not want you to serve on the jury. In that case, you will be relieved and return to your place in line for the next hearing. Article 5, ¶3

Once You Are On the Jury

• Six jurors and one alternate hear each case. The alternate is there in case a regular juror must leave in the middle of the Hearing. Only six jurors will participate in the deliberation and make the decision. Article 5, ¶3

• If you are selected for the Jury as a regular juror, an alternate, or a Loremaster, your posting rights in the Jury Room will be enabled. The Hearing takes place in a single thread and the first post of the thread will state the reason for the Hearing. Your full screen name will also appear in the thread so that potential witnesses can contact you by PM if necessary. Once the thread is started and the necessary posters are enabled, the Ranger will leave the thread. Article 5, ¶4

• The member for whom the hearing is held states their side of the case. You may ask questions, call witnesses, or authorize witnesses who have contacted you. The member called to the hearing may also call witnesses on his/her own behalf. You should confer with your fellow jurors while the Hearing is in progress, and make sure that Rangers are notified in timely manner to enable the posting rights of witnesses. Article 5, ¶4

• The jury decides when all the necessary information has been heard and posts in the thread that the Hearing will come to end twenty-four hours before they actually end the hearing. You must give a full day’s notification to the member and allow them to present any additional evidence if they wish, unless the evidence is plainly repetitive. Article 5, ¶4

• When the Hearing is closed, six jurors enter into deliberation. Your discussions may be held in private, by email or by PM. Try to reach a decision within ten days so that the posting rights of the member are not unnecessarily curtailed. Article 5, ¶4

• Your job as jurors is to decide (1) whether a by-law has in fact been violated, and (2) what the penalty, if any, should be. These are independent decisions. You are not required to impose a penalty, even if you decide that a by-law has been violated. Article 5, ¶4

• Four of you must agree that a by-law has been violated for this to be the decision of the jury. Four of you must agree on the penalty. If fewer than four agree on the penalty, then the lesser of the penalties considered will be imposed. Article 5, ¶4

• You must email your decision to the member twenty-four hours before posting it in the thread. You should state honestly anything that you have taken into consideration, in keeping with our principle of transparency. If you have disagreed with the majority opinion, you are permitted to post a ‘minority report’ as part of the decision of the jury. Article 5, ¶4

Different Kinds of Hearings

• Bans: if you decide to impose an Immediate Ban upon a member, the board at large will vote whether to uphold this decision. The board at large does not vote on temporary bans, hearings to reverse a ban, or hearings for a member that is on probation. Article 5, ¶5

• Removal of Rangers: Rangers can only be removed for very specific reasons, listed in Article 3, ¶8 “When a Ranger is Removed from Office: Grounds for Removal of a Ranger.” If you serve on a jury for this kind of hearing, please read the relevant article carefully. Your job is to determine whether or not the offense in question has been committed, and to remove the Ranger if you decide that it has. You may not issue warnings or impose partial penalties or place any other restrictions on the action of the Ranger as an alternative to removing them from office. Article 5, ¶6

Appeals

• Members have the right to appeal both the decision of a jury and the penalty imposed by a jury under certain circumstances. Appeals are heard by a panel of former Rangers, so you will not be required to hear appeals as a member of the jury pool. Article 5, ¶8

• However, if you served as a Loremaster in a Hearing that is being appealed, you must give an accounting to the Appeals Panel of the rationale for the procedures that the Jury followed under your direction.

Guidelines for Penalties

• Our charter places restrictions on the penalties that may be imposed for certain offenses, listed in Article 5, ¶9 and in the next section of this Handbook. For some cases, Article 3 of the charter also mandates minimum penalties, included in the next section and found in detail in Article 3, ¶5. When you are serving on a jury, you need to check this list to see whether the offense you are considering has penalty restrictions. The list is not exhaustive, and in all other cases the jury has discretion.

• The following penalties are available to you as a juror:
-- Disabling PM privileges
-- Temporary Suspension of posting rights in a specific forum
-- Permanent Suspension of posting rights in a specific forum
-- Temporary Confinement to the Bike Racks (a suspension of board-wide posting rights)
-- Temporary Ban
-- Immediate or Indefinite Ban (per Article 3, poster must appeal for reversal no sooner than one month after the ban is executed, and Rangers may wait an additional two months before convening a hearing)

• There are no permanent, irreversible bans on Board77. But when a hearing is held to petition the reversal of a ban, the jury is permitted to uphold the ban and specify a duration.

• These are the guidelines for imposition of a penalty
-- The jury generally has discretion to impose the penalty it considers appropriate as long as the maximum penalties specified below are not exceeded.
-- If this is a first offense and the jury feels that the time already restricted to the Bike Racks or the Jury Room is sufficient, or if they feel confident that because of the circumstances in which the error took place it is very unlikely to be repeated, they are not obligated to impose a penalty.
-- If the offense is restricted to a single forum (e.g. There and Back Again or Thinking of England) the penalty may also be restricted to that forum (e.g. temporary or permanent suspension of posting rights).
-- The penalty ought to relate as closely as possible to the offense; for example, if abusive use of PM’s is the offense, then PM privileges may be disabled.
-- Penalties may be greater for second, third or multiple offenses than they are for first offenses.
-- If juries are in doubt as to an appropriate penalty, they should review penalties imposed for similar problems in the past (see the Archives Forum) and try to be consistent.

Restrictions on Penalties

Offenses for which the maximum penalty for a first offense is an Immediate Ban:
Spamming the board with ads
Spamming the board with pornography
Hacking the board
Refusing to abide by the Decision of the Jury in a Hearing [maximum penalty is mandated by Article 3.]
Threats of real life violence or other criminal acts against members
[maximum penalty is mandated by Article 3.]
Deliberately introducing a virus to members of the board

Offenses for which the maximum penalty for a first offense is temporary restriction to the Bike Racks:
In the Jury Room, any interference with a Hearing. [At the termination of the Hearing in which the poster interfered, a Hearing for that poster is held to determine any penalty]

Offenses for which the maximum penalty is a temporary ban if this is not the first offense and the problem appears to be persistent:
Persistent posting of objectionable content:
-- abusive language toward another poster
-- attacks of a personal nature
-- defamatory remarks targeting nationality, ethnicity, native language, religion, gender, sexual orientation or age
-- advertisement of products for personal gain

Persistent posting of offensive pictures:
-- pictures a reasonable person would find pornographic
-- pictures a reasonable person would find gratuitously violent or distasteful, that is, designed to shock and/or dismay other posters

Using the board to solicit the participation of members in illegal activities:

Repeatedly exposing the members to viruses through negligence.

In the Bike Racks, repeated interference with other members’ thread

Use of PM or Email to:
-- harass another member
-- make defamatory remarks targeting nationality, ethnicity, native language, religion, gender, sexual orientation or age

Offenses for which the maximum penalty is permanent suspension of access to a particular forum:
In the There and Back Again forum, repeatedly posting in a manner that prevents another character(s) from participating or greatly circumscribes their activity

In the Thinking of England Forum, posting in a manner that ridicules, demeans or threatens other posters.

The Archive Forum

Discussions or decisions that might be useful to Jurors in future Hearings can be summarized and posted here. The names of all participants are deleted. Article 5, ¶10[color] When a jury wishes to post a summary, they should select someone to write the summary and then contact a Ranger to enable posting rights.

The members of Board77 thank you for your service as a juror! We count on you to be fair, impartial, and consistent in your decisions.

Last edited by Jnyusa on Fri 24 Jun , 2005 6:23 pm, edited 8 times in total.

_________________

"All things considered, I'd rather be in Philadelphia."
Epigraph on the tombstone of W.C. Fields.


Top
Profile Quote
Cerin
Post subject:
Posted: Mon 30 May , 2005 4:53 pm
Thanks to Holby
Offline
 
Posts: 2039
Joined: Sat 26 Feb , 2005 4:02 pm
 
Quote:
Offenses for which the maximum penalty for a first offense is an immediate ban:
Spamming the board with ads
Spamming the board with pornography
Hacking the board
Refusing to abide by the Decision of the Jury in a Hearing [maximum penalty is mandated by Article 3.]
Threats of real life violence or other criminal acts against members
[maximum penalty is mandated by Article 3.]
Deliberately introducing a virus to members of the board
I have to admit to a bit of confusion here. I had thought that all of these were mandatory sentences; that is, if it were determined that someone had spammed the board with ads or pornography, or had hacked the board or deliberately introduced a virus, then there is no discretion about whether or not to ban them, they must be banned. Is this incorrect?

If it is correct, then shouldn't the header read, 'Offenses for which the mandatory penalty for a first offense is an immediate ban'? That is, the use of 'maximum' doesn't really make sense here, since the maximum penalty is the only penalty available.
Quote:
Penalty Restrictions (You don’t have discretion here)
Does this mean, you don't have discretion to impose a penalty greater than the maximum penalty indicated? If so, I think it would be clearer to head this 'Maximum Penalties', and also have the mandatory penalties section under a separate blue header of 'Mandatory Penalties', i.e.:
Quote:
Penalty Restrictions

Mandatory Penalties (you may not impose a lesser penalty)


Offenses for which the mandatory penalty for a first offense is an immediate ban:
Spamming the board with ads
Spamming the board with pornography
Hacking the board
Refusing to abide by the Decision of the Jury in a Hearing [maximum penalty is mandated by Article 3.]
Threats of real life violence or other criminal acts against members
[maximum penalty is mandated by Article 3.]
Deliberately introducing a virus to members of the board


Maximum Penalties (you may not exceed the maximum penalty listed, but you may impose a lesser penalty)

Offenses for which the maximum penalty for a first offense is temporary restriction to the Bike Racks:
In the Jury Room, any interference with a Hearing. [At the termination of the Hearing in which the poster interfered, a Hearing for that poster is held to determine any penalty]

Offenses for which the maximum penalty is a temporary ban if this is not the first offense and the problem appears to be persistent:
Persistent posting of objectionable content:
-- abusive language toward another poster
-- attacks of a personal nature
-- defamatory remarks targeting nationality, ethnicity, native language, religion, gender, sexual orientation or age
-- advertisement of products for personal gain

and so on


Top
Profile Quote
Jnyusa
Post subject:
Posted: Mon 30 May , 2005 5:24 pm
One of the Bronte Sisters
User avatar
Offline
 
Posts: 5107
Joined: Tue 04 Jan , 2005 8:54 am
Location: In Situ
 
Cerin: ... that is, if it were determined that someone had spammed the board with ads or pornography, or had hacked the board or deliberately introduced a virus, then there is no discretion about whether or not to ban them, they must be banned. Is this incorrect?

A ban is only mandatory if the person registered fewer than seven days ago.

I didn't use the word "maximum" in the blue titles because the section also includes the minimum sentences from Article 3. The functional distinction is between offenses where the jury has discretion and offenses where they do not.

Jn

_________________

"All things considered, I'd rather be in Philadelphia."
Epigraph on the tombstone of W.C. Fields.


Top
Profile Quote
Cerin
Post subject:
Posted: Mon 30 May , 2005 5:45 pm
Thanks to Holby
Offline
 
Posts: 2039
Joined: Sat 26 Feb , 2005 4:02 pm
 
So sorry to hear about your computer troubles, Jn.

Thank you for clearing up my confusion!
Quote:
Penalty Restrictions (You don’t have discretion here)
So this means, we don't have discretion to exceed the maximum penalty listed?


Top
Profile Quote
*Alandriel*
Post subject:
Posted: Mon 30 May , 2005 8:26 pm
*Ex-Admin of record*
Offline
 
Posts: 2372
Joined: Wed 27 Oct , 2004 10:15 am
 
Maximum penalty is just that Cerin - the maximum possible. No upward discretion possible but downward towards more leniency.

_______________
Resident witchâ„¢ [ img ]
[ img ]a candle for Areanor [ img ]


Top
Profile Quote
Cerin
Post subject:
Posted: Mon 30 May , 2005 8:35 pm
Thanks to Holby
Offline
 
Posts: 2039
Joined: Sat 26 Feb , 2005 4:02 pm
 
Thank you, Alandriel. So I'm wondering if (You don't have discretion here) will be confusing to some (since there is downwards discretion permitted).

Edit

I wonder if something like (You have discretion to impose lesser penalties, but not to exceed the maximum penalty indicated) would be better?


Top
Profile Quote
Jnyusa
Post subject:
Posted: Mon 30 May , 2005 9:25 pm
One of the Bronte Sisters
User avatar
Offline
 
Posts: 5107
Joined: Tue 04 Jan , 2005 8:54 am
Location: In Situ
 
No, I'm sorry - Alandriel got confused, too. The jury does not have discretion in either direction, up or down. Those are maximum and minimum penalties. What the jury has to do is look up the offense they're hearing, see if it is on the list, and impose the penalty provided.

Maybe "Prescribed Penalties" would be a better word?

Jn

_________________

"All things considered, I'd rather be in Philadelphia."
Epigraph on the tombstone of W.C. Fields.


Top
Profile Quote
Primula_Baggins
Post subject:
Posted: Mon 30 May , 2005 9:28 pm
Living in hope
Offline
 
Posts: 7291
Joined: Sat 29 Jan , 2005 5:54 pm
Location: Sailing the luminiferous aether
 
"Prescribed" or, as Cerin suggested, "mandatory" penalties would definitely be more clear.

_________________

[ img ]


Top
Profile Quote
Jnyusa
Post subject:
Posted: Mon 30 May , 2005 9:45 pm
One of the Bronte Sisters
User avatar
Offline
 
Posts: 5107
Joined: Tue 04 Jan , 2005 8:54 am
Location: In Situ
 
Ok - I changed the title to "Mandatory Penalties," and I also underlined the key words in each green header, and rephrased the minimums so that it is clearer that a minimum penalty is what is mandated.

(I agree it was confusing before) :)

Jn

_________________

"All things considered, I'd rather be in Philadelphia."
Epigraph on the tombstone of W.C. Fields.


Top
Profile Quote
Cerin
Post subject:
Posted: Mon 30 May , 2005 10:37 pm
Thanks to Holby
Offline
 
Posts: 2039
Joined: Sat 26 Feb , 2005 4:02 pm
 
Jn, I had asked: if it were determined that someone had spammed the board with ads or pornography, or had hacked the board or deliberately introduced a virus, then there is no discretion about whether or not to ban them, they must be banned. Is this incorrect?

And you said: A ban is only mandatory if the person registered fewer than seven days ago.

But according to what you're saying now, it sounds as though a ban is mandatory if it has been determined that someone who's been a member for more than 7 days has done one of these things.

Would the difference be that a person registering fewer than seven days ago doesn't get a hearing? They are banned automatically?

Mandatory Penalties (You don’t have discretion here)

Does the above mean, if you find that a member has committed this offense, you must impose the penalty indicated; you may not impose a lesser or a greater penalty, and you may not decline to impose a penalty?

If that is the case, what is the function of the word 'maximum' in these green headings? What would be the problem with, 'Offenses for which the penalty for a first offense is ...' or 'Offenses for which the mandated(prescribed) penalty for a first offense is ...'

Could you explain what you meant by 'rephrased the minimums so that it is clearer that a minimum penalty is what is mandated.'

Also, if I'm understanding correctly, and these are all prescribed penalties (I think I prefer the word 'prescribed' to 'mandatory' for the blue heading), then it seems to me that the references to the articles quoted below are unnecessary (since all of these offenses have a mandated penalty).
Quote:
Refusing to abide by the Decision of the Jury in a Hearing [immediate ban is mandated by Article 3.]
Threats of real life violence or other criminal acts against members
[immediate ban is mandated by Article 3.]
Sorry if I've got this all wrong again!


Top
Profile Quote
Jnyusa
Post subject:
Posted: Mon 30 May , 2005 11:54 pm
One of the Bronte Sisters
User avatar
Offline
 
Posts: 5107
Joined: Tue 04 Jan , 2005 8:54 am
Location: In Situ
 
Cerin: But according to what you're saying now, it sounds as though a ban is mandatory if it has been determined that someone who's been a member for more than 7 days has done one of these things.

The immediate ban is the maximum penalty that can be imposed, which, in this case, is the maximum of all penalties possible at this board. In other words, the jury has permission to impose an immediate ban for these several offenses. They can ban the member without specifying duration - that's the difference between an immediate ban and any temporary ban. But they don't have to impose a penalty this severe. They can impose a lesser penalty, unless the Charter specifies that the maximum penalty - immediate ban - must be imposed, which it does in two cases.

Would the difference be that a person registering fewer than seven days ago doesn't get a hearing? They are banned automatically?

Yes, that's right. They can be banned immediately by the administrator without a hearing. Then, if they still want to be a member, they have to wait thirty days and petition to have the ban reversed.

Does the above mean, if you find that a member has committed this offense, you must impose the penalty indicated; you may not impose a lesser or a greater penalty, and you may not decline to impose a penalty?

Cerin, I don't know how to make this clearer. If it says this is the maximum penalty, then the jury cannot impose a greater penalty but they can impose a lesser penalty.

Could you explain what you meant by 'rephrased the minimums so that it is clearer that a minimum penalty is what is mandated.'

Instead of saying "the maximum penalty is mandated," I said, "immediate ban is mandated," so that there is no question what the mandated penalty is. In these two cases, the jury cannot do less than impose an immediate ban.

Maybe I should take out the words, "you do not have discretion here." Is that what is confusing you? Because the jury does have some discretion but not complete discretion.

Jn

_________________

"All things considered, I'd rather be in Philadelphia."
Epigraph on the tombstone of W.C. Fields.


Top
Profile Quote
Voronwë_the_Faithful
Post subject:
Posted: Tue 31 May , 2005 12:49 am
Offline
 
Posts: 5176
Joined: Thu 10 Feb , 2005 6:53 pm
Contact: Website
 
Its clear as it is to me. :) But then, so often what I write isn't clear to others, so perhaps that's not the best indicator. :D


Top
Profile Quote
Cerin
Post subject:
Posted: Tue 31 May , 2005 3:46 am
Thanks to Holby
Offline
 
Posts: 2039
Joined: Sat 26 Feb , 2005 4:02 pm
 
Jnyusa wrote:
The immediate ban is the maximum penalty that can be imposed, which, in this case, is the maximum of all penalties possible at this board. In other words, the jury has permission to impose an immediate ban for these several offenses. They can ban the member without specifying duration - that's the difference between an immediate ban and any temporary ban. [But they don't have to impose a penalty this severe. They can impose a lesser penalty, unless the Charter specifies that the maximum penalty - immediate ban - must be imposed, which it does in two cases.]
Jn, the segment I bracketed seems to be at odds with your reply from earlier:
Quote:
The jury does not have discretion in either direction, up or down. Those are maximum and minimum penalties.
I really am sorry to be so dense, but do you see the conflict I see there, between the two statements? I wonder if you can spot where I am not understanding something correctly?

Quote:
Cerin, I don't know how to make this clearer. If it says this is the maximum penalty, then the jury cannot impose a greater penalty but they can impose a lesser penalty.
Yes, that's what I thought. But when I asked that above, and Alandriel answered,
Quote:
Maximum penalty is just that Cerin - the maximum possible. No upward discretion possible but downward towards more leniency.

you replied:
Quote:
No, I'm sorry - Alandriel got confused, too. The jury does not have discretion in either direction, up or down. Those are maximum and minimum penalties.
??
Quote:
Maybe I should take out the words, "you do not have discretion here." Is that what is confusing you? Because the jury does have some discretion but not complete discretion.

Yes, that is one point of confusion. I had suggested above that it might be better to say (You have discretion to impose lesser penalties, but not to exceed the maximum penalty indicated).

The other point of confusion is the previous exchange, where I asked if 'maximum' meant discretion downwards, and Alandriel said yes, but you said no.


Top
Profile Quote
Jnyusa
Post subject:
Posted: Tue 31 May , 2005 4:04 am
One of the Bronte Sisters
User avatar
Offline
 
Posts: 5107
Joined: Tue 04 Jan , 2005 8:54 am
Location: In Situ
 
I really am sorry to be so dense, but do you see the conflict I see there, between the two statements? I wonder if you can spot where I am not understanding something correctly?

I answered differently in both cases because in one case you were asking about the title of the section, and in the other case you were asking about the wording of a particular clause. (Unless I misunderstood both you and Alandriel, I thought you were initially referring to how the section would be titled.)

The title cannot be "Maximum Penalties" because the section contains minimum penalties as well. The difference between the two sections is the amount of discretion given to the jury.

But within the individual clauses, if it says maximum penalty, then that's what it means and the jury cannot impose more than that. But if it says "immediate ban is mandated," then the jury cannot impose less than that.

Does that make more sense now? It's still not clear to me whether you are having trouble with the section titles or the individual clauses.

Jn

_________________

"All things considered, I'd rather be in Philadelphia."
Epigraph on the tombstone of W.C. Fields.


Top
Profile Quote
Cerin
Post subject:
Posted: Tue 31 May , 2005 4:27 am
Thanks to Holby
Offline
 
Posts: 2039
Joined: Sat 26 Feb , 2005 4:02 pm
 
I think we're making progress. :)

I don't think it is necessary that I understand what you thought I was asking, that led to the apparently (to me) conflicting answers. :)

Here is what I understand now.
Quote:
Mandatory Penalties (You don’t have discretion here)

Offenses for which the maximum penalty for a first offense is an immediate ban:

In the first green-headed section, there are two offenses for which the penalty is a mandatory immediate ban. For the other offenses in this section, the jury may impose a ban, or they may impose a lesser penalty.

In the same way, for the rest of the green-headed sections, the jury may impose the maximum penalty, or they may impose a lesser penalty.

If this is correct, then I do find the blue heading for this section to be confusing.
Quote:
Mandatory Penalties (You don’t have discretion here)

What the above heading says to me is, these penalties must be imposed for these offenses, if they are found to have occurred.

If I am now understanding correctly, what you want to convey is, these are offenses for which a maximum penalty is defined, but is not prescribed. The jury may impose a lesser penalty, but they may not impose a greater penalty.

If that is correct, I would suggest that the blue heading be:

Maximum Penalties (you may impose a lesser penalty at your discretion, but you may not exceed the maximum penalties indicated for these offenses)


Top
Profile Quote
Jnyusa
Post subject:
Posted: Tue 31 May , 2005 4:34 am
One of the Bronte Sisters
User avatar
Offline
 
Posts: 5107
Joined: Tue 04 Jan , 2005 8:54 am
Location: In Situ
 
Except that can't be the title of the section because two of the penalties are minima rather than maxima.

I think the word "mandatory" in the title also does not work, because the jury does have some discretion. We need to find a better section title.

Before it said "Penalty Restrictions" or maybe it was "Restricted Penalties" ... in any event, I think that "Restrictions on Penalties" might be the best bet at this point. Would that solve the problem for you?

(I can retitle the previous section "Guidelines for Penalties" so that the construction will be parallel.)

Jn

_________________

"All things considered, I'd rather be in Philadelphia."
Epigraph on the tombstone of W.C. Fields.


Top
Profile Quote
Cerin
Post subject:
Posted: Tue 31 May , 2005 4:48 am
Thanks to Holby
Offline
 
Posts: 2039
Joined: Sat 26 Feb , 2005 4:02 pm
 
I think 'Restrictions on Penalties' would be excellent! And would you modify the parenthetical, or just eliminate it?

I feel as though I must be having an Alice experience, because for the life of me, I can't discern what you are referring to here:
Quote:
Except that can't be the title of the section because two of the penalties are minima rather than maxima.
Can you point out to me the minimum penalties in that section?


Top
Profile Quote
Jnyusa
Post subject:
Posted: Tue 31 May , 2005 4:50 am
One of the Bronte Sisters
User avatar
Offline
 
Posts: 5107
Joined: Tue 04 Jan , 2005 8:54 am
Location: In Situ
 
Where Article 3 mandates an immediate ban, that is the minimum penalty.

I will change the two titles and eliminate the paranthetical.

Jn

_________________

"All things considered, I'd rather be in Philadelphia."
Epigraph on the tombstone of W.C. Fields.


Top
Profile Quote
Cerin
Post subject:
Posted: Tue 31 May , 2005 5:11 am
Thanks to Holby
Offline
 
Posts: 2039
Joined: Sat 26 Feb , 2005 4:02 pm
 
Quote:
Where Article 3 mandates an immediate ban, that is the minimum penalty.

Thank you, Jn. I think my failure to understand that may have been the cause of much of the confusion.


Top
Profile Quote
Voronwë_the_Faithful
Post subject:
Posted: Mon 06 Jun , 2005 3:23 pm
Offline
 
Posts: 5176
Joined: Thu 10 Feb , 2005 6:53 pm
Contact: Website
 
bumped over locked threads


Top
Profile Quote
Display: Sort by: Direction:
Post Reply   Page 1 of 2  [ 29 posts ]
Return to “Threads of Historical Interest” | Jump to page 1 2 »
Jump to: