Below is a brief overview of laws and acts of crime in Elan. Most of Elanite law is analogous to laws in the United States or England in the 1890s with the exception of any law that supported racism, sexism, or other disallowed roleplay. Please note that because Elan’s history does not include slavery, law enforcement in Elan does not have that as part of their origin.
Laws are created by the legislative branches of government (local, provincial, and national). Once passed, these laws are to be upheld through the judicial systems and enforced by police departments or sheriffs and their deputies.
Warrants for arrests are required at this time. The level of care that a person who is arrested receives can vary greatly from town to town, province to province, though more people are calling for reform in this area. Additionally, search warrants are required as citizens of Elan have a right to privacy.
If a criminal cannot be taken to face trial by normal means or has escaped captivity and cannot be located, law enforcement may put a bounty on their head. Because of this, bounty hunters are a part of everyday life in Elan, especially in areas without robust numbers of law enforcement. Their reputations vary from one to another, but most of them are approached with caution, regardless of guilt. Some are lauded for their bravery, others are despised for their cruelty. It all depends on the bounty hunter, their manner, their lifestyle, and whether they prefer their bounties dead or alive.
It is also not uncommon for citizens to employ private detectives. The reasons could range from locating a missing child or spouse, recovering lost property, verifying the identity of a mysterious person, gathering blackmail, or perhaps some small acts of corporate espionage. Private detectives have their own reputations, much like bounty hunters, based on what work they will take and what, if any, boundaries they have. Of course, more difficult or dangerous work usually comes with greater financial gain. It is hardly a career for the faint of heart.
All Elanites have a right to a defense attorney as put forth in the constitution in 1770 and, if the defendant cannot afford one, the public defender is appointed by the municipality at its own expense. However, not all smaller settlements hold to this requirement and it is becoming a growing issue. In recent years, there has also been outcry at the lack of adequacy of public defenders, though legislators have been slow to address the problem.
The constitution also codified the presumption of innocence - which is that an Elanite put on trial is presumed innocent until proven guilty. Additionally, in criminal trials, the prosecution must prove guilt beyond a reasonable doubt based on the evidence presented at trial. Civil trials require only a preponderance of evidence - that is, the defendant is more likely guilty than not.
While many sentences are the same for similar crimes across Elan, they can still vary from province to province. For example, stealing a horse in Peverin may be treated more severely than in Abernathy, but destroying property like a boat may be more severe in Abernathy than in Killock. In general, punishments can be either a prison sentence, a fine, or both. In some places of Elan, criminals may also still be subjected to punishments such as lashings and public display, though this is less and less common. However, there is nowhere that bans executions. Hanging and firing squads are the preferred methods of this time. Death sentences are not given out very often in the more progressive areas, but if someone is seen as a clear and present danger to those around them, it may be seen as the only recourse. Of course, mob justice also sometimes still crops up, and their punishments are often more severe than the letter of the law.
Company towns exist in a murky area of the law. Technically they are settlements within a county, province, and country, and should be subject to those laws. However, they are also settlements fully owned and run by a company. Joining a company town means adhering to the company’s requirements, guidelines, and laws. Those who live in these towns are also policed by the company’s private band of enforcers. While some companies are good about sticking to the local, provincial, and national laws, others cannot say the same. And, with the industrialization of Elan being of great national interest, it’s more likely that representatives in government look the other way whenever they can.
For more information on Company Towns, see our article here.
In these times of great disparity between the haves and have-nots, crime is rampant. Many will say it’s the worst that it’s ever been in Elan. And while there are those that can afford to live away from the more depressed or desolate areas can feel comfortable, defending oneself by way of personal skill, group protection, or hired help is proving to be a necessity. Criminals on their own can strike terror into any community if they are dangerous enough. Yet it is the rise of the crime syndicates and criminal gangs that are now causing greater harm with wider reaching impact. In cities and on frontiers, crime is on the rise.
There are some common crimes that criminal gangs may engage with. Of course there’s stealing and selling goods and property, racketeering, fraud, cattle rustling and theft of other livestock, train and coach robberies, holding up banks, kidnapping and ransoming - the list goes on. But there are some that are becoming more popular in this age in Elan. Unlicensed brothels are sometimes still run despite the legalization of sex work. Land or resource disputes are leading to a rise in property crimes. Scamming the influx of immigrants coming from Dorage is unfortunately so common that it’s hard to prevent. Other great threats include dangerous patent medicines, tainted alcohol or moonshine, and unsafe additives in products. Still, some of the most common actions of gangs are violence and murder - either for a reason or for none but the satisfaction of the victors.
However, criminal organizations cannot be commented on, some would argue, without calling attention to the criminal actions of companies. Pollution is rampant, unsafe products are being pushed on the public, unsanitary or dangerous working conditions are commonplace, and that’s only a small amount of the danger. What of the murders at the hands of union busters? What of the abuse of workers? What of the destruction of livelihoods as industrialization roars ahead? For some these concerns are a call to action, for others they are a necessary part of progress, and for most of the population they are impossible to think on too long as trying to live is hard enough as it is.