4. Controlled Magical Practices (Schedules I-V)
Schedule I: NO ACCEPTED USE
Characteristics:
- High potential for abuse
- No currently accepted magical use
- Lack of accepted safety protocols
Examples:
- Unbound Soul Magic: Ripping souls from living bodies
- Reality Dissolution: Spells that erase causality/existence
- Torture Curses: Magic designed solely to cause maximum suffering
- Forced Possession: Taking control of another's body permanently
- Mass Death Spells: Area-effect instant death magic
Legal Status: ABSOLUTELY PROHIBITED except with Tier 5 license and specific Concordat approval
Penalty for Use: 25 years to life imprisonment
Schedule II: SEVERE RESTRICTIONS
Characteristics:
- High potential for abuse
- Currently accepted use with severe restrictions
- Abuse may lead to severe physical/magical dependence
Examples:
- Necromancy (Raising Undead): Only for licensed specialists, limited duration, controlled environments
- Major Divination (Future Sight): Restricted due to temporal paradox risks
- Demon Summoning (Named Entities): Requires containment protocols, liability insurance
- Major Transmutation (Lead to Gold): Economic disruption potential
- Memory Modification: Only licensed mental health providers, requires court order or informed consent
Legal Status: Requires Schedule II permit + Master Practitioner license minimum
Penalty for Unlicensed Use: 10-25 years imprisonment
Schedule III: MODERATE RESTRICTIONS
Characteristics:
- Moderate to low potential for abuse
- Currently accepted use
- May lead to low/moderate dependence
Examples:
- Minor Necromancy (Speaking with Dead): Limited to licensed specialists
- Lesser Summoning (Imps, Minor Elementals): Requires safety training
- Mind Reading (Surface Thoughts): Requires consent except law enforcement with warrant
- Magical Surveillance (Scrying): Requires warrant for targeted individuals
- Combat Enhancement Potions: Controlled like anabolic steroids
Legal Status: Requires Schedule III permit OR Tier 3+ license
Penalty for Unlicensed Use: 2-10 years imprisonment
Schedule IV: LOW RESTRICTIONS
Characteristics:
- Low potential for abuse
- Currently accepted medical/practical use
- Limited dependence potential
Examples:
- Healing Magic (Major Wounds): Requires healer certification
- Charm Spells (Minor Persuasion): Illegal in commerce/legal proceedings without disclosure
- Illusion Magic (Disguises): Illegal for fraud, requires disclosure in official business
- Teleportation (Short Range): Requires transport license
- Minor Divination (Detect Lies): Restricted in legal contexts without consent
Legal Status: Requires practitioner license (Tier 2+) + brief safety course
Penalty for Unlicensed Use: 6 months - 5 years imprisonment
Schedule V: MINIMAL RESTRICTIONS
Characteristics:
- Very low abuse potential
- Widely accepted use
- Minimal to no dependence
Examples:
- Cantrips (Light, Mending, Prestidigitation): Over-the-counter equivalent
- Minor Healing (Scratches, Bruises): First aid equivalent
- Communication Spells (Message, Whisper): Regulated like telecommunications
- Minor Wards (Personal Protection): Like carrying pepper spray
- Household Magic (Cleaning, Cooking Assistance): Consumer product equivalent
Legal Status: Requires apprentice license or equivalent safety certification
Penalty for Unsafe Use: Fines, misdemeanor charges
8. Evidence & Procedure
8.1 Admissibility of Magical Evidence
Federal Rules of Magical Evidence (FRME)
Rule 401: Relevance
- Magical evidence admissible if probative and material
- Example: Scrying vision of crime scene is relevant to murder charge
Rule 402: General Admissibility
Relevant magical evidence is admissible unless:
- Excluded by constitution (unlawful magical search)
- Excluded by statute
- Excluded by rules (hearsay, prejudice)
Rule 403: Prejudice vs. Probative Value
Court may exclude magical evidence if:
- Unfair prejudice substantially outweighs probative value
- Example: Showing jury a "fear curse" memory may be too prejudicial even if relevant
Rule 702: Expert Witnesses (Magical)
Archmage or Tier 4+ practitioner may testify as expert if:
- Testimony based on sufficient facts/data
- Testimony is product of reliable magical principles
- Expert has applied principles reliably to facts
- Daubert Standard (Magical): Must be peer-reviewed, testable, accepted in magical community
Rule 801-807: Hearsay (Magical)
- Hearsay: Out-of-court magical statement offered for truth
- Example: Scrying vision of witness statement = hearsay
- Exceptions:
- Dying declaration (including magical communication before death)
- Present sense impression (telepathic broadcast of event as occurring)
- Excited utterance (telepathic scream during attack)
- Residual exception (guarantees of trustworthiness)
8.2 Magical Search & Seizure
Warrant Requirements:
- Probable Cause: Facts sufficient to believe magical crime occurred and evidence in place to be searched
- Particularity: Must describe:
- Place to be searched (including magical dimensions, pocket spaces)
- Items to be seized (specific artifacts, not "all cursed items")
- Type of magic to be used (scrying, detection, dispelling)
Exceptions (Warrantless Search):
- Exigent Circumstances: Active curse, imminent dimensional breach
- Plain View: Officer lawfully present sees cursed item in open
- Search Incident to Arrest: May search arrestee's immediate magical aura for weapons/evidence
- Consent: Voluntary, knowing consent to magical search
8.3 Interrogation (Magical)
Miranda Rights (Magical):
Before custodial interrogation, must be informed:
- Right to remain silent (includes right to refuse magical interrogation)
- Anything said (including telepathic) can be used against you
- Right to attorney (including magical defense counsel)
- If cannot afford attorney, one will be appointed
Prohibited Interrogation Techniques:
- Truth serums/spells WITHOUT consent (violates 5th Amendment)
- Mind reading WITHOUT warrant or consent
- Torture curses (violates 8th Amendment)
- Threats of magical harm to family
📎 Appendices
Appendix A: Current Legal Challenges
In re Firewalker Rights (Pending - Supreme Magical Court)
Issue: May government compel genetically immune persons to submit to medical testing during emergency?
Firewalker Argument: Violates bodily autonomy, 4th Amendment (unreasonable seizure), 5th Amendment (taking without compensation)
Government Argument: Emergency powers, compelling state interest in saving millions, minimal intrusion (blood sample)
Predicted Outcome: Government likely wins, but Court may impose limits on testing scope
Val'harens Medical Association v. Kingdom Ethics Board
Issue: Are vivisection protocols ethical under emergency declaration?
Ethics Board Position: Removal of vocal cords/tongue not medically necessary, violates dignity even if legal
Val'harens Position: Screaming impairs research accuracy, subjects are non-viable anyway
Status: Preliminary injunction denied, trial pending
United Practitioners v. Concordat
Issue: Are licensing requirements too burdensome, violating right to magical practice?
Practitioners Argument: Fees/testing exclude poor practitioners, disparate impact
Concordat Argument: Public safety requires competency verification
Status: Motion to dismiss granted, appeal to Circuit Court filed
Appendix B: Key Statutes Cited
- Arcane Concordat Constitution (ACC): Foundational governing document
- Controlled Magical Practices Act (CMPA), 21 U.M.C. § 801 et seq.: Establishes Schedule I-V
- Federal Magical Crimes Code (FMCC), 18 U.M.C. § 1 et seq.: Criminal penalties
- Magical Food, Drug & Potion Act (MFDPA), 21 U.M.C. § 301 et seq.: OMS authority
- Environmental Arcane Protection Act (EAPA), 42 U.M.C. § 4321 et seq.: EAP authority
- Occupational Safety & Arcane Act (OSAA), 29 U.M.C. § 651 et seq.: Workplace safety
- Magical Armaments Act (MAA), 26 U.M.C. § 5801 et seq.: Weapons regulation
Appendix C: Emergency Declaration - Liquefaction Plague
Declared: 3rd Day of Spring, Year 342 (Current: Year 345, Day 43 of Winter)
Declaring Authority: King Noctis Corvis
Legal Basis: ACC Art. II § 3 (Executive Emergency Powers) + Public Health Emergency Act, 42 U.M.C. § 5101
Findings:
- Unprecedented plague causing total organ liquefaction in infected persons
- No known cure or treatment
- Mortality rate: 100% within 14-21 days of symptom onset
- Estimated deaths: 47,000+ (12% of population)
- Standard medical research protocols insufficient to address crisis
- Immediate threat to national security and survival
Authorized Emergency Measures:
- Quarantine Authority: Mandatory isolation of infected persons
- Vivisection Authority: Val'harens Medical Association may conduct live medical research on infected subjects
- Anesthesia requirement: WAIVED (subjects may remain conscious)
- Consent requirement: WAIVED (public health necessity)
- Vocal cord/tongue removal: AUTHORIZED (research facilitation)
- Resource Commandeering: Government may seize magical healing supplies
- Travel Restrictions: Inter-kingdom travel restricted
- Expedited Research Approval: OMS approval timelines reduced from 3 years to 30 days
Sunset Provision: Expires 5 years from declaration (Year 347, Spring) OR when cure discovered, whichever comes first
Legal Challenges: 3 pending (see Appendix A)
Judicial Review: Supreme Magical Court upheld declaration 6-3 (Year 343)
Appendix D: Val'harens Vivisection Protocols
Authorized Under: Emergency Declaration § 2(b)
Administering Organization: Val'harens Medical Association (VMA)
Oversight: Office of Magical Substances (monthly audits)
Subject Selection Criteria:
- Confirmed organ liquefaction (via divination scan)
- Infection duration: 7+ days (past point of reversibility)
- No genetic immunity (firewalker allele)
Procedure Protocols:
- Initial Assessment: Full magical scan, blood chemistry analysis
- Surgical Preparation:
- Restraint via magical binding (prevents movement)
- Vocal cord severing (prevents screaming)
- Tongue removal (prevents verbal pleas)
- Rationale: "Allows researchers to focus without emotional distortion"
- Vivisection:
- Live dissection while subject conscious
- Continuous monitoring of vital signs
- Documentation of organ state, magical aura changes
- Duration: 2-8 hours (until subject expires)
- Post-Mortem Analysis:
- Immediate necromantic interview (Schedule II authorization)
- Tissue sampling
- Magical residue analysis
Results to Date (Year 345):
- Subjects studied: 1,247
- Findings: Uniform organ liquefaction, no blood chemistry abnormalities, no magical signature detected
- Breakthroughs: NONE
- Ethical complaints filed: 83 (all dismissed under emergency authority)
Legal Justification:
- Subjects are medically non-viable (100% mortality rate)
- Information cannot be obtained from deceased subjects (organs solidify post-mortem)
- Necessity: No less restrictive alternative available
- Proportionality: Violation of individual rights justified by potential to save millions
Criticism:
- Medical Ethics Board: "Removal of vocal cords is cruelty, not science"
- Firewalker Rights Coalition: "Targeting non-immune population while refusing to study immune population is discrimination"
- Arcane Civil Liberties Union: "Vivisection of conscious subjects violates core human dignity even during emergency"
King's Position: "I take no pleasure in this. But I will not let my people die because we were too squeamish to do what was necessary. If there is a gods' judgment for this, I will face it alone."
END OF ARCANE LEGAL FRAMEWORK v1.0
This document shall be updated as laws change, emergencies evolve, and courts issue new rulings.
All practitioners, agencies, and courts are bound by this framework unless and until properly amended.
By Order of the Arcane Concordat
Witnessed by King Noctis Corvis
Year 345, 43rd Day of Winter
