The Enforcement System:: Unified Court Hierarchy ----------------------- All trials initially take place in the court of the unit of state whose scope is the smallest that encompasses the setting of the alleged crime, violation, or breach, or the court of the national unit of state if the act extends beyond the geographic bounds of the nation. All courts lead through the appeals process to a single Supreme Court within the court of the national unit of state, and rulings of the Supreme Court cannot be appealed. The President of the Court -------------------------- In each court, the justice whose vote-weight is greatest is the president of the court, and directs and orchestrates court proceedings according to law, and where law provides insufficient guidance, according to his wits. Classifications of and Penalties for Crimes ------------------------------------------- A physical crime is a crime that involves distinct, specifically and instance-wise enumerable physical objects (besides the body of the perpetrator) as tools, means, or implicit to the objectives, except that use or involvement of the physical means (including but not limited to paper, writing utensils, computers, printers, scanners, mass data storage and exchange systems, and information networks) of information generation, processing, and distribution (including but not limited to the various forms of verbal and visual expression and interaction) for the purpose of such generation, processing, and distribution cannot by themselves be construed to designate a crime as physical. A biological crime is a physical crime in which the metabolic, biochemical, physiological, or anatomical status of the victim is altered through exposure to a chemical, through use of a machine (a purpose-designed weapon or otherwise), through unarmed assault, or through some combination of these methods, or a crime in which the freedom of movement of the victim is constrained in any way. A violent crime is a biological crime in which the victim has no substantial control over the action(s) taken by the perpetrator, by reason of overpowerment or by dint of being uninformed or in other than a fully awake conscious state. A non-physical crime is a crime that does not satisfy the criteria for a physical crime. A non-biological crime is a crime that does not satisfy the criteria for a biological crime. A destructive crime is a non-biological physical crime involving destruction, defacement, or other physical corruption of property. A serious crime, other than theft, is a crime that carries a minimum punitive labor penalty of 500 hours, and if the crime is biological and/or destructive, a minimum incarceration of 3 months. All biological crimes are serious, and a component of their penalty is a mandatory incarceration for a minimum term of 4 months. All violent crimes are serious, and a component of their penalty is a mandatory incarceration for a minimum term of 6 months. A minor crime, other than theft, is a crime that carries a maximum punitive labor penalty of 500 hours,, and if the crime is biological or destructive, a maximum incarceration of 3 months. If the stolen property is returned in full to the rightful owner in undamaged condition, the penalty for theft is the fair market value of the goods, and the return of the goods themselves comprises full compensation to the victim. Additional money is paid by the perpetrator to the victim to fully compensate for any damaged or missing property. If the property cannot be replaced, a penalty of incarceration must be levied, of a duration ranging from a week to 5 years depending on the severity of the loss. Subsequent recovery of irreplaceable property intact reduces the term of incarceration, and recovery of all the irreplaceable property intact ends the term of incarceration without delay. Robbery of an individual or of an occupied premises or vehicle is a violent crime and is always punished with incarceration, in addition to the above-detailed penalties for theft. Assault, rape, wanton destruction (including arson), and sabotage, are all serious crimes resulting in a mandatory period of incarceration. Furthermore, the perpetrator assumes financial libability for full reparations, payable on a basis and schedule to be determined by law and case-by-case. Fraud, perjury, and bribery, are crimes whose severity and penalty are functions of the consequences the crimes serve to effect, encourage, and/or secure, but whose penalty can include incarceration only if these consequences involve one or more crimes which themselves result in a penalty of incarceration. Defacement and vandalism are crimes whose severity and penalty are proportional to the expense and feasibility of reparations. Crimes which involve deliberate injurious physical abuse of non-adults, any sexual abuse of non-adults, or any violent sexual abuse of adults, carry a minimum first-offense penalty of 10 years imprisonment. Second offenses receive life imprisonment. Crimes which involve the deliberate, cognizant, killing of another human with the intent to kill him, and not justified by the requirements of immediate protection of life and limb, carry a penalty of life imprisonment. An attempt to commit a serious crime is itself a serious crime. If the penalty for the crime attempted includes a mandatory incarceration, an attempt to commit that crime results in incarceration whose minimum and maximum duration are half those of the crime itself. It is noted that half of a life sentence is an undiminished life sentence. The penalty for a crime must not be colored by variations in the difficulty of detecting the crime, identifying the perpetrator(s), apprehending the perpetrator(s), and proving the responsibility of the perpetrator(s) in a court of law. For incarceration to be a component of a penalty, the crime must have been biological, destructive, and/or theft as detailed above. Power of Seizure ---------------- Only biological, theft, and destructive crimes are seizable. No person can be seized unless there is probable cause to believe he has committed a seizable crime, and no thing can be seized unless there is probable cause to believe it is an instrument or product of the commission of a seizable crime. The provisions of this section must not be construed to impair further restrictions on seizure elsewhere in this document. A court has no power in criminal law over a person or thing, particularly no power to order a seizure thereof, unless it is a criminal court that has received a criminal indictment of that person for a seizable crime, or received a criminal indictment of that thing identifying it as an instrument or product of the commission of a seizable crime. In any case, if the seizable crime is not described by the laws enforced by that court, the indictment is defective and creates no authority. A criminal indictment must be filed directly with a specific criminal court, and that court's geographic correlate must contain the location where the indicted party or thing is believed to be located. An indictment filed after a seizure must be filed with the most local possible criminal court. If an indictment is filed by an agent of an investigative branch, the geographic correlate of that investigative branch must contain the location where the indicted party or thing is believed to be located. A justice of a criminal court can order a seizure of a person into the custody of an officer of his court only if the person is a fugitive, or the person has been accused of a seizable crime in a formal filing with the justice's court of a specific and signed criminal indictment by an agent of the investigative branch or by a party that has already performed a lawful seizure. A criminal indictment must specifically identify the crimes committed, the time and place of commitment to extent known, the identity and description of the victims to extent known, and the identity or description of the persons or things to be seized with maximum possible specificity, and necessarily with sufficient detail to make error unlikely. An officer of a court can act in his official capacity outside the confines of state facilities only pursuant to the seizure order of a justice of that court. An officer of a court can seize a person or thing only pursuant to a specific seizure order of a justice of that court, which must identify or describe the persons or things to be seized with maximum possible specificity and necessarily with sufficient detail to make error unlikely, and must specify a facility (a jail, a courthouse, a storage facility, etc.) to which they are to be delivered without unnecessary delay, which facility must be controlled by that court. Transfer of the persons or things to the custody of a trial court is subsequent, and upon the request of the trial court, must be arranged and performed without unnecessary delay. A private law enforcement officer, on the private property he is contracted to guard, can seize a person (and any things that accompany him) whom he knows to be a fugitive or to have committed a seizable crime for which he has been indicted, but not yet seized pursuant thereto, by an agent of the investigative branch of a unit of state whose geographic correlate contains the location of the person, in a court of a unit of state whose geographic correlate contains the location of the person. A bail bondsman can seize a fugitive individual pursuant to a contract entered previously by that individual, regardless of location. Any citizen can seize a person whom he has stopped or caught in the act of committing a seizable crime, in any location where the act is a seizable crime. No person or thing can otherwise be seized. Any seizure by someone who is not an officer of a criminal court must be followed by transfer of the seized persons or things to the custody of an officer of a criminal court, without unnecessary delay. Until this transfer, any seized person must remain under the direct supervision of the seizing party. Upon an initial seizure by a private LEO, bail bondsman, or citizen, without unnecessary delay he must obtain access to an apparatus capable of constructing and transmitting a signed message to the most local criminal court or to a court of preexisting indictment, construct a message identifying the seizing party, supplying a proper signed criminal indictment if one has not already been filed, explaining the time and location of the seizure, and transmit the resulting message to the court of preexisting indictment, or if none exists, to the most local criminal court. In acknowledging the message, the court must specify a facility where the persons or things seized will be accepted for delivery, which must not be unnecessarily distant. The party that performed the initial seizure can, at his discretion, transport and deliver the persons or things seized to this facility, without unnecessary delay. Absent such a delivery in progress, if no officer of the court takes custody of the seized persons or things within eight hours of the delivery of the message of initial seizure, any persons seized must be released, and the owner of any things seized must be notified that he can take custody of the things, which at his request must be released into his custody or into the custody of any person who presents an authorization to take custody signed by the owner. The enforcement branch is exclusively responsible for training and licensing anyone who is a bail bondsman or private law enforcement officer. Power of Subpoena ----------------- Only a justice can issue a subpoena, and a justice can issue a subpoena only as follows. The presiding justice in a court proceeding can issue a subpoena, commanding a named person to give testimony as part of that proceeding, if and only if the truthful testimony of that named person has the specific and plausible potential to affect the final decision of that justice in the proceeding. In particular, the person must have been alleged in sworn court testimony to have directly observed, or been a direct participant in, the activities under scrutiny in the proceeding. At his sole discretion, the person can testify remotely by electronic apparatus, or can appear in court, but in either case must do so at a time specified in the subpoena by the justice. If the person named in the subpoena is not located within the jurisdiction of the proceeding court, the justice of that court must file a request that the subpoena be issued with a court whose jurisdiction includes the location where the subpoena is to be served. The request must first be filed with the court most local to that location. A court must issue a subpoena pursuant to a subpoena request if the motivation for the subpoena would be sufficient if the entire case were tried in that court, and otherwise must deny it. A party affected by a subpoena can challenge the validity of a subpoena by bringing a motion in the issuing court, and must be offered an opportunity to argue in court for his position. All subpoena decisions can be appealed as any other court decision, and no subpoena can be enforced if an appeal thereof is pending. A subpoena must be issued with at least 1 week of notice. Punishment for Crimes --------------------- Punishment for a crime can consist of any combination of punitive labor, therapeutic or isolative incarceration, probation, and publishing of conviction, and cannot include any other punishment. Publishing of conviction is always a component of punishment for a crime, and voter cancellation of a sentence does not cancel this publication, though the cancellation must itself be published, and must be a component of any current or subsequent publication of conviction. Punitive Labor -------------- A penalty of punitive labor can be specified for a crime. No payment of any kind can be received for the performance of punitive labor. Punitive labor must consist of work which is also performed by paid employees of some industry, and if the beneficiary of the labor is not the state, the beneficiary must pay at least 90% of the market price for the work. For every man-hour of punitive labor performed, taxation and the tax ceiling must be reduced by at least 90% of the market price for the work, and the resulting tax relief must be distributed such that the dividend to a taxpayer is directly proportional to the proportion of total tax revenue paid by the particular taxpayer at issue. A sentence of punitive labor should recognize and exploit any skills and aptitudes the laborer has which can particularly benefit the state and the public. Punitive labor must never be specified to deliberately offend or debase the laborer. A laborer can suggest an appropriate type of labor. A laborer can always insist that his sentence not involve any area of personal expertise, and can specify these areas of expertise. Janitorial and sanitation grunt work, and data entry grunt work, cannot be construed as areas of expertise. A fulfillment date must be specified in a sentence of punitive labor. The fulfillment date cannot require more than 6 hours per day of labor, or 36 hours per week of labor, or 1800 hours per year of labor, though a laborer can request to work beyond these constraints. A laborer cannot be required to travel to a workplace more than 3 miles from his residence, though he can waive this constraint specifying an alternate commuting radius. A laborer cannot be restrained from travelling and relocating within the boundaries of the nation. Specifically, relocation up to 4 times per year must be allowed, with concomitant labor reassignment. A failure to complete a sentence of punitive labor by the fulfillment date can be punished either with additional punitive labor, or by a conversion of the uncompleted punitive labor into a term of incarceration as specified in
. Proportional Penalties ---------------------- When the penalty for a crime is specified as proportional to the penalty for another crime (the "reference crime"), each day's incarceration in the latter is considered equal to 6 hours of punitive labor, so that if an incarceration component cannot be included in the former, it can nonetheless be made proportional to the latter which consists partially or entirely of incarceration. For the purposes of this conversion, a life sentence is to be taken as 100 years. To clarify with an example: if the penalty for a particular non-biological crime is 5% of the penalty for murder, then 100 years time 5% times 365.25 days/year times 6 hours punitive labor per day of incarceration is 10957.5 hours of punitive labor. When the penalty for the reference crime is specified in law as a range within which the judge can exercise discretion, a proportionate range (with or without conversion, as necessary or deemed appropriate) is computed for a proportionate crime, and the judge exercises discretion over this computed range. A punitive labor component of a reference penalty cannot be converted to an incarceration component in a proportional penalty, except as allowed in . 6 hours of punitive labor is equivalent to one day's incarceration. Trial Process and Fundamental Penalty Structure ----------------------------------------------- Witnesses, plaintiffs, and defendants, can always appear by telepresence. In any case involving potential incarceration, or a potential penalty that, when combined with penalties already exacted or demanded in the same calendar year, exceeds ten percent of the defendant's income, the following triel process is followed. Testimony is considered, and verdicts and penalties are decided and delivered, by a singe judge. This judge is appointed by the legislature of same unit of state. A defendant must enter a plea. That plea must be either "agree" or "disagree." A defendant who refuses to enter a plea is to be confined to a secure mental hospital until he enters a plea. No trial can last longer than one month. An individual can not be made to pay more than the previous 3 month's net income in covering the costs of litigational procedure. Constraints on Interrogation ---------------------------- No question can be asked in a state criminal or contract law investigation or state trial if a narrow response cannot be material to that investigation or trial, and no one can be compelled to answer a question not phrased as a true or false question, though he can of course choose to answer such a question. For the purposes of this section, true or false questions cannot be used to cause the spelling of words or identifying of numbers by the process of elimination, successive approximation, or other methods which undermine the spirit of a true or false question. An unembellished true or false answer can be demanded in response to a properly formed true or false question. No question in state trial, and except in the security context clearance application and evaluation process, no question in a state investigation or state form, can prompt disclosure of, and no portion of a statement can be recorded that reveals information about, anyone's sexual orientation, or about ownership, custody, or nature of property, or about travel history or previous residences, or about the particulars (including names of participants, time and place of activity, etc.) of any individual's sexual relations, drug use, or about associations, communications, or prior occupational arrangements, when such is not in direct pursuit of testimony supporting or refuting commission of a crime of which an individual is formally accused. "Direct pursuit" here means either that the question must force a response that directly establishes that a crime has or has not been committed, or directly confirms or refutes testimony which has already been recorded, or elucidates the history of a secured item of physical evidence regarding its production, technical or forensic characteristics, location, use, or custody. No one can be prompted or compelled by the state to reveal any information about, and no portion of a statement can be recorded that reveals information about, any individual's media consumption history, or - except in cases of libel when the authored document is material - about history of published authorship, whether attributed, pseudonymous, or anonymous. No information obtained in conflict with the above constraints can be recorded in any affidavit, trial minute, or other official record of investigation, trial, or other official activity. The Fugitive ------------ A fugitive is an individual who has been convicted of a crime but is not performing in accordance with the adjudicated penalty, or an individual who has been ordered to appear in court but fails to appear, or an individual who violates a court order regarding travel. On Obstruction of Justice ------------------------- Obstruction of justice is the concealment, manufacture, or influencing, of evidence, circumstances, events, or the testimony of others, with the deliberate intent of subverting legal accountability or innocence. Obstruction of justice is a serious crime. On Seizure of Evidence ---------------------- Lawfully held property can only be seized as evidence only temporarily as an action in an ongoing investigation and trial (and not for longer than two months total through the duration of ownership) and must be returned in undamaged, undiminished condition. Furthermore, only that property which is needed for the purpose of presentation in a trial can be seized as evidence, only while it is material to the investigation or trial, and a request by the owner of any property seized on this basis that the property be presented in any trial must be honored, if a matching request by the prosecution, defense, or agents thereof, is lodged, whether or not the owner of the property is a defendant in the trial. On Encryption ------------- Encryption is the mathematical transformation of data such that the original data is rendered unsusceptible to interception and theft, but remains readable to a selected group of one or more people. Encryption technology implements encryption and various companion algorithms and procedures. The creator of an encrypted document or message must retain the ability to decrypt it. The creation, means, use, sale, purchase, and distribution of encryption technology cannot otherwise be regulated or restricted by law. On the Victim ------------- Except as specified in this document (particularly the affirmative defenses of protection of self, others, or property), the appearance, speech, gestures, and other behaviors of an individual cannot affect the particular crimes and associated penalty structures of which another individual is guilty if he commits a criminal act against the first individual. Expert Witnesses ---------------- Expert witnesses - witnesses hired and paid to testify, who have no connection to the case at issue besides a technical expertise which is relevant to the case - must be tracked in a national registry recording each appearance, the purpose of the appearance, and any subsequent refutations of the testimony of the expert. Audiences in Trial ------------------ Unless the defending party in a trial formally objects, access of a trial to the public at large, including live audiovisual transmission of the proceedings, cannot be denied, except that the confidentiality of classified information must be maintained. Viability of Documentary Evidence --------------------------------- No document is admissible evidence in court without a verifiable and satisfactory cryptographic signature identifying the author(s) of the document and the known addressees of the document, cryptographically signed either by the author, or by one of the addressed or outside parties whereby that party vouches for the origin of the document. On Fee and Penalty Assessment ----------------------------- Fees and criminal penalties are levied against individuals. Fees and penalties must be issued to an individual, and must be honored by that individual. They cannot be associated with property as such, and particularly, fees and penalties relating to a particular item of property, remain the full responsibility of the particular owner on whom the fee or penalty is assessed, whether or not he remains the owner of the property. Privately Initiated Litigation ------------------------------ Private parties can lodge certified complaints, which the state is required to properly investigate. Repeat frivilous complaints can be deterred with punitive labor not exceeding 36 hours. Filing a deliberately false complaint is a crime. The party lodging the complaint can be given the option of proceeding to a trial or dropping the complaint (dropping does not preclude a mutual settlement with the defending party outside the formal court context). In the case that this option is given, if the prosecuting party goes to trial and loses, it is responsible for the reasonable legal expenses of the defending party and the court, in addition to whatever expenses it has accrued. If the option is given, the court can at its discretion require the prosecution to furnish a prosecuting attorney. In the case that the option is not given, the state assumes all court expenses (which become the responsibility of the defendant if he is convicted), and if necessary the fee for a legal counsel for the defending party. The prosecuting party can choose to act as the prosecuting attorney, and the defending party can choose to act as the defense attorney. Automatic Litigation of Biological Crime ---------------------------------------- Cases wherein the prosecuting party has been the apparent subject of deliberate physical assault always go to trial, and the state always assumes all legal expenses necessary, including (if necessary) the fee for a competent prosecuting attorney (these expenses become the responsibility of the defendant if he is convicted). Inconsistent Evidentiary Presentation, Accusations, and Convictions ------------------------------------------------------------------- No one can be officially accused of a crime, if the standing accusation, conviction, or acquittal of another, is for a crime that the first individual could not (if a conviction or accusation) or must (if an acquittal) have committed within the assumption that the second individual committed the crimes of which the second individual has been officially accused, convicted, or acquitted. No item of evidence or line of argument that has been presented supporting a particular claim or theory, in one or more trials which led to convictions, can be presented in another trial to support a conflicting claim or theory, unless those convictions have been overturned, or reaffirmed with conflicting claims and theories fully reconciled, by the procedures described and mandated in . Repeated Trials --------------- An individual can be required to stand trial for a particular alleged crime for only one passage through the appeals process, which passage (in concert with investigative and clerical activities to support court appearances) is called a "case," except that he can be retried in the same court as his most recent trial, as specified in . Terms of Incarceration ---------------------- Rewards for good behavior are internal to the prison system. The duration of imprisonment is fixed at the time of sentencing, and will be performed to the day unless the legal circumstance changes such that the individual must no longer be imprisoned (as outlined elsewhere in this document). Competent psychological and legal counseling, and emergency, therapeutic, and prophylactic medicine, at market prices, must be available to all inmates within one day of a request, or in an emergency, as swiftly as logistically possible. The cost of this counseling and medicine must be added to the inmate's debt. Violent and non-violent offenders must never reside within the same penitentiary. Furthermore, among the violent offenders, several degrees of offense are recognized and entirely segregated from each other, culminating with the total segregation of murderers from other inmates. Lifers are always segregated from non-lifers. Thieves are always segregated from non-thieves. Major thieves are always segregated from petty thieves. The fees convicts are required to pay to compensate the state for the cost of incarceration must not exceed 30% of an average wage, determined on a yearly basis on the anniversary of the first day of the present incarceration, and fractions of a year are to be compensated by an amount directly proportional to the number of days of that year spent in the present incarceration. Adults who have the ability at the time of their conviction are required to pay for the cost of their incarceration. Those who cannot, are sentenced to a quantity of punitive labor such that the number of hours sentenced, multiplied by an average hour's wage, equals the unpaid portion of the cost of incarceration. Punitive labor is to start one month following release from incarceration. With this instance of punitive labor, any or all of the sentence of punitive labor can be effaced through outright repayment, at the rate of an hour's punitive labor removed from the sentence for every hour's average wage paid. Effect of New Evidence ---------------------- New evidence, or discovery of an error, that casts substantial doubt on the possible accuracy of the most recent acquit/convict decision in a case, causes a new trial in the same court which issued that decision, which can lead to reaffirmation or deprecation of the prior acquit/convict decision, and imposition or dissolution of a sentence, and can be appealed as can any court decision. If a sentence is dissolved, the falsely sentenced party is appropriately compensated, in the form of public exoneration, refund of all payments paid, and nullification of all liabilities assumed including those that arose from the cost of imprisonment. Furthermore, time and/or labor already complete is subtracted from any subsequent sentence on a credit basis, until the credited time and/or labor is exhausted. Time is to be converted into labor, or labor into time, at the rate of 6 hours of labor for one day's incarceration, as directed by the convicted party. Special Use of Force in Pursuit of Justice ------------------------------------------ Before a conviction, physical force, including incarceration, can be brought to bear only on fugitives and on court-approved suspects for those offenses whose penalty can include incarceration. More specifically, before an accused party is convicted and sentenced, he can be imprisoned only if it is judged that he will probably violate the rights of others if not imprisoned, or that he represents a credible flight risk. The accused must be presented with the option of alleviating a credible flight risk through reasonable bail, which must reflect his income and holdings. Payment of bail must be facilitated by providing access for any accused party to his financial instruments for the purpose of effecting a sufficient transfer to the state. Announcement of Proximity of Violent Criminal --------------------------------------------- Individuals whose residences or workplaces are within 1000' of the residence or workplace of a convicted violent criminal are explicitly informed of his presence and status, and the community at large has access to this information in a well-known location. Liability for Law-Breaking -------------------------- Regardless of affiliation or mode of operation, an individual is held personally accountable for his actions. An individual who violates law is penalized personally as though he were unendowed with any privilege of affiliation, whether or not the violation occured while the individual was performing the duties of employment, and regardless of whether that employment is private or state. These individual punitive measures do not to any degree diminish applicable liability of employers, managers, commanding officers, etc. Monitoring of Inmates --------------------- Communications of incarcerated individuals, except face to face communications between individuals incarcerated together, must be reviewed and evaluated. Incarcerated individuals have no right to privacy except in communications with their lawyers. On Extradition -------------- A citizen cannot be extradited to a foreign nation. The courts of this nation are required to cooperate with foreign states at their behest, to allow fair trial in a domestic court for actions taken in foreign nations and unlawful according to domestic law. Such trials are to be conducted strictly according to domestic law, as though the action were taken domestically. Publication of Convictions -------------------------- All convictions must be published and made conveniently accessible only to all individuals able to vote in a locale which is subject to the state policy under which the offender was convicted, or to one that is equivalent for the purposes of the conviction (one where functionally equivalent or very similar law, carrying tantamount penalty guidelines, can be the basis for a conviction for the act at issue). Penalties must be held in confidence. Transfer to or in a locality, of information regarding convictions for acts not unlawful in that locality, cannot be made to directly produce or increase revenue for the individual, organization, or incorporated entity, that performed, sponsored, or directed the transfer. Inflexibility and Impartiality of Arrest and Prosecution -------------------------------------------------------- In the presence of evidence sufficient to justify arrest and prosecution, the state must arrest and prosecute, and must not barter leniency for cooperation. Names of and penalties for crimes must not differ based on characteristics or circumstances of the victim other than status as an adult or non-adult. Non-Viability of Acquittal by Procedural Fault ---------------------------------------------- No degree of procedural error on the part of the state is sufficient to justify acquittal of a suspect whose conviction is sure based upon extant evidence not made doubtful by the procedural error. No evidence can be excluded for reasons of procedural error, provided the procedural error does not significantly affect the confidence which can be safely vested in the evidence. If in the course of the arrest and trial of an individual, plausible accusations of procedural error are lodged, the trial of the individual cannot continue until the party or parties responsible for the alleged procedural error have been tried and, if applicable, sentenced. Non-viability of Trespasser Prosecution --------------------------------------- An individual has no legal recourse in claims of injury if the injury occured by dint of and in the course of the perpetration of a biological crime, destructive crime, or trespass (as defined in ) by said individual. Abdication by Informed Risk-Taker of Right to Litigate ------------------------------------------------------ Any individual who engages in an activity he knows to be dangerous to life or limb, abdicates the right to litigate cases wherein the potentialities of which he is aware and/or has been informed come to pass through no malicious wrongdoing on the part of others.