Question regarding judicial process
12 Aug 2016 10:47 - 12 Aug 2016 10:51 #2
by Lois Heimdell (LoisMaxwell)
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((OOG: Cassie Stanley, Marshal Deputy))
Replied by Lois Heimdell (LoisMaxwell) on topic Question regarding judicial process
Miss Steelson,
The law surrounding trials in Travance is quite short: unless you are a noble, no trial is required. For nobles, they can demand a trial by combat, though as the Baron's word supersedes all other laws of Travance, he can choose to revoke this right.
Should the Magistrate deem it necessary to collect more information before issuing a sentence or declaring someone innocent, he can order an inquisition. And yes, that does include torture (though generally as a last resort) - His Excellency has granted the Magistrate permission for this, though as with everything else, His Excellency can also remove this permission.
To be a commoner granted a trial is to be granted a privilege normally reserved for nobility. Owing to their relative rarity, there is no standard procedure for trials. They may include statements by the accused, the accuser, witnesses, etc.; they may include various methods of determining truth; they may include nothing but giving the accused a chance to ask for mercy. They do not even need to be public. "Judicial process" - have you been reading books of Londwyn law? I haven't heard that phrase since I left Londwyn 8 years ago - is whatever the Baron and the Magistrate decide it needs to be to best keep order in Travance.
You have no right to a trial. You have no right to "judicial process". You have no right to argue your case, to bring witnesses, or even to know your accuser. You have no rights, only privileges granted by His Excellency, which can be revoked at any time.
In the current matter of these public trials that has caused so much consternation, let me be perfectly clear: the Magistrate asked for these cases to be brought into the light of public trial to show the accused mercy, and the Baron agreed so that all in Travance might understand what is going on.
If you have further questions, Miss Steelson, please feel free to seek me out during the Feast.
In Service to Travance,
The law surrounding trials in Travance is quite short: unless you are a noble, no trial is required. For nobles, they can demand a trial by combat, though as the Baron's word supersedes all other laws of Travance, he can choose to revoke this right.
Should the Magistrate deem it necessary to collect more information before issuing a sentence or declaring someone innocent, he can order an inquisition. And yes, that does include torture (though generally as a last resort) - His Excellency has granted the Magistrate permission for this, though as with everything else, His Excellency can also remove this permission.
To be a commoner granted a trial is to be granted a privilege normally reserved for nobility. Owing to their relative rarity, there is no standard procedure for trials. They may include statements by the accused, the accuser, witnesses, etc.; they may include various methods of determining truth; they may include nothing but giving the accused a chance to ask for mercy. They do not even need to be public. "Judicial process" - have you been reading books of Londwyn law? I haven't heard that phrase since I left Londwyn 8 years ago - is whatever the Baron and the Magistrate decide it needs to be to best keep order in Travance.
You have no right to a trial. You have no right to "judicial process". You have no right to argue your case, to bring witnesses, or even to know your accuser. You have no rights, only privileges granted by His Excellency, which can be revoked at any time.
In the current matter of these public trials that has caused so much consternation, let me be perfectly clear: the Magistrate asked for these cases to be brought into the light of public trial to show the accused mercy, and the Baron agreed so that all in Travance might understand what is going on.
If you have further questions, Miss Steelson, please feel free to seek me out during the Feast.
In Service to Travance,
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((OOG: Cassie Stanley, Marshal Deputy))
Moderators: Damien (Damien), Lois Heimdell (LoisMaxwell), GJSchaller (GJSchaller)
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