Criminal trial - Revision history

Twiggy at 22:16, 15 July 2025

2025-07-15T22:16:12Z

← Older revision		Revision as of 22:16, 15 July 2025
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	The weregild not only replaces any compensation to the victim that would otherwise have been set by the magistrate, but agreeing this settlement with the victim is also taken into account positively during sentencing in a similar way to clemency. Magistrates will refuse to take into account weregilds which are unfair to the victim. Even where the weregild is accepted, the Magistrate may still apply severe punishments if the needs of justice demand it.		The weregild not only replaces any compensation to the victim that would otherwise have been set by the magistrate, but agreeing this settlement with the victim is also taken into account positively during sentencing in a similar way to clemency. Magistrates will refuse to take into account weregilds which are unfair to the victim. Even where the weregild is accepted, the Magistrate may still apply severe punishments if the needs of justice demand it.

	Weregild arrangements ~~are~~ are treated as an admission of guilt by the accused.		Weregild arrangements are treated as an admission of guilt by the accused.

	===Serious Crimes===		===Serious Crimes===

Joncreek: cross reference to "Intent"

2024-07-23T09:26:43Z

cross reference to "Intent"

← Older revision		Revision as of 09:26, 23 July 2024
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	* for fines only, the wealth of the accused may be taken into account in order to avoid fines being either trivial or unjust		* for fines only, the wealth of the accused may be taken into account in order to avoid fines being either trivial or unjust
	* the wishes of the victim or their family		* the wishes of the victim or their family

			Only those who the magistrates believe acted with [[intent\|intent]] will face the possibility of execution. This is already an explicit component of murder/manslaughter and a few other crimes but the principle applies to all crimes.

	===Weregilds===		===Weregilds===

Joncreek: amendment removes prohibition on virtue/clemency being taken into account

2023-07-24T20:07:25Z

amendment removes prohibition on virtue/clemency being taken into account

← Older revision		Revision as of 20:07, 24 July 2023
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	The weregild not only replaces any compensation to the victim that would otherwise have been set by the magistrate, but agreeing this settlement with the victim is also taken into account positively during sentencing in a similar way to clemency. Magistrates will refuse to take into account weregilds which are unfair to the victim. Even where the weregild is accepted, the Magistrate may still apply severe punishments if the needs of justice demand it.		The weregild not only replaces any compensation to the victim that would otherwise have been set by the magistrate, but agreeing this settlement with the victim is also taken into account positively during sentencing in a similar way to clemency. Magistrates will refuse to take into account weregilds which are unfair to the victim. Even where the weregild is accepted, the Magistrate may still apply severe punishments if the needs of justice demand it.

	Weregild arrangements ~~are a secular alternative to pleading clemency and they~~ are are treated as an admission of guilt by the accused.		Weregild arrangements are are treated as an admission of guilt by the accused.

	===Serious Crimes===		===Serious Crimes===

Hailmur: /* Further Reading */

2023-04-03T15:01:28Z

Matt: Matt moved page Criminal Trials to Criminal trial

2017-02-16T11:54:45Z

Matt moved page Criminal Trials to Criminal trial

← Older revision	Revision as of 11:54, 16 February 2017
(No difference)

Matt at 11:53, 16 February 2017

2017-02-16T11:53:04Z

← Older revision		Revision as of 11:53, 16 February 2017
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	The second point will only be considered if the accused pleads not guilty.		The second point will only be considered if the accused pleads not guilty.

	If the accused is convicted the magistrate is also responsible for determining an appropriate punishment in accordance with their [[~~Criminal_Trials~~#Factors when determining sentence\|sentencing guidelines]].		If the accused is convicted the magistrate is also responsible for determining an appropriate punishment in accordance with their [[Criminal_trial#Factors when determining sentence\|sentencing guidelines]].

	As in all cases, the harm (or potential harm) caused by the crime is often the main factor in determining sentence. So for example, if the convict has promoted heretical teachings to other citizens but there is no evidence that citizens were swayed or influenced in any way, the amount of harm caused is likely to be modest.		As in all cases, the harm (or potential harm) caused by the crime is often the main factor in determining sentence. So for example, if the convict has promoted heretical teachings to other citizens but there is no evidence that citizens were swayed or influenced in any way, the amount of harm caused is likely to be modest.

Rafferty: /* Structure of the pre-trial process */

2016-02-24T18:55:09Z

Structure of the pre-trial process

← Older revision		Revision as of 18:55, 24 February 2016
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	If the accused pleads guilty then before pronouncing punishment the magistrate will allow any priest present (or the Empress) to plead [[clemency]] on their behalf. Alternatively, if a [[#weregild\|weregild]] arrangement has been made with the victim then this must be approved by the magistrate. The magistrate may also investigate and consider any other pertinent evidence or testimony prior to sentencing.		If the accused pleads guilty then before pronouncing punishment the magistrate will allow any priest present (or the Empress) to plead [[clemency]] on their behalf. Alternatively, if a [[#weregild\|weregild]] arrangement has been made with the victim then this must be approved by the magistrate. The magistrate may also investigate and consider any other pertinent evidence or testimony prior to sentencing.

	When determining the accused's punishment the magistrate will take into account the seriousness of the crime and any mitigating factors presented by the priest in their plea for clemency. Further guidance on making effective clemency pleas is available [[clemency_guidance\|here]].		When determining the accused's punishment the magistrate will take into account the seriousness of the crime and any mitigating factors presented by the priest in their plea for clemency. Further guidance on making effective clemency pleas is available [[clemency#clemency_guidance\|here]].

	If the accused pleads not guilty then the magistrate will make arrangements for a trial to be held to investigate the facts of the case to determine guilt. If the accused refuses to plead then the magistrate may treat this as a guilty plea. In either case a plea for clemency will not be permitted.		If the accused pleads not guilty then the magistrate will make arrangements for a trial to be held to investigate the facts of the case to determine guilt. If the accused refuses to plead then the magistrate may treat this as a guilty plea. In either case a plea for clemency will not be permitted.

JonC: fixed broken link

2015-07-28T13:25:46Z

fixed broken link

← Older revision		Revision as of 13:25, 28 July 2015
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	The magistrate may choose to dismiss all the charges if they find no case to answer. Otherwise, the charges against the accused will be detailed and they will then be asked how they plead in relation to each charge: guilty or not guilty.		The magistrate may choose to dismiss all the charges if they find no case to answer. Otherwise, the charges against the accused will be detailed and they will then be asked how they plead in relation to each charge: guilty or not guilty.

	If the accused pleads guilty then before pronouncing punishment the magistrate will allow any priest present (or the Empress) to plead [clemency] on their behalf. Alternatively, if a [[#weregild\|weregild]] arrangement has been made with the victim then this must be approved by the magistrate. The magistrate may also investigate and consider any other pertinent evidence or testimony prior to sentencing.		If the accused pleads guilty then before pronouncing punishment the magistrate will allow any priest present (or the Empress) to plead [[clemency]] on their behalf. Alternatively, if a [[#weregild\|weregild]] arrangement has been made with the victim then this must be approved by the magistrate. The magistrate may also investigate and consider any other pertinent evidence or testimony prior to sentencing.

	When determining the accused's punishment the magistrate will take into account the seriousness of the crime and any mitigating factors presented by the priest in their plea for clemency. Further guidance on making effective clemency pleas is available [[clemency_guidance\|here]].		When determining the accused's punishment the magistrate will take into account the seriousness of the crime and any mitigating factors presented by the priest in their plea for clemency. Further guidance on making effective clemency pleas is available [[clemency_guidance\|here]].

Harry at 18:43, 8 July 2015

2015-07-08T18:43:13Z

← Older revision		Revision as of 18:43, 8 July 2015
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	Where there are multiple offences which might apply to the accused the Magistrate is only required to set out the most serious charge(s). This does not prevent the accused from being found guilty of a lesser related offence. If found guilty, the punishment will also take into account any relevant lesser offences where appropriate.		Where there are multiple offences which might apply to the accused the Magistrate is only required to set out the most serious charge(s). This does not prevent the accused from being found guilty of a lesser related offence. If found guilty, the punishment will also take into account any relevant lesser offences where appropriate.

	''Example one:'' The accused is charged with murder. It is possible that he might be found guilty of murder, manslaughter, assault or any other relevant lesser offence that the circumstances dictate.		''Example one:'' The accused is charged with murder. It is possible that they might be found guilty of murder, manslaughter, assault or any other relevant lesser offence that the circumstances dictate.

	''Example two:'' The accused attacks members of the militia when they come to arrest him. He might be charged only with assault, even though this assault occurred while resisting arrest. If found guilty ~~his~~ punishment will take account of the fact that the assault took place against members of the militia while ~~he was~~ resisting arrest.		''Example two:'' The accused attacks members of the militia when they come to arrest him. They might be charged only with assault, even though this assault occurred while resisting arrest. If found guilty their punishment will take account of the fact that the assault took place against members of the militia while the criminal resisting arrest.

	==The role of witnesses==		==The role of witnesses==
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	===Other possible consequences of conviction===		===Other possible consequences of conviction===
	* Public denouncing of convict and potentially their group: Magistrates may use their position to denounce a convict, along with their associates. Such denouncements have no legal force of themselves but are usually used to bring matters to the attention of applicable bodies who can take action. Sometimes denouncements serve as a public warning about an individual or group. For example, a magistrate convicts a certain senator of a crime and then reports this to priests of the Synod. He formally ~~requests~~ the Synod revoke the senator.		* Public denouncing of convict and potentially their group: Magistrates may use their position to denounce a convict, along with their associates. Such denouncements have no legal force of themselves but are usually used to bring matters to the attention of applicable bodies who can take action. Sometimes denouncements serve as a public warning about an individual or group. For example, a magistrate convicts a certain senator of a crime and then reports this to priests of the Synod. They formally request the Synod revoke the senator.
	* Religious consequences: It is not unheard of for religious powers such as testimony or excommunication to be applied to a convict after the trial. Although a magistrate cannot directly order the use of religious powers during sentencing she can make a formal request to the Synod to do so and may be able to provide liao for this purpose.		* Religious consequences: It is not unheard of for religious powers such as testimony or excommunication to be applied to a convict after the trial. Although a magistrate cannot directly order the use of religious powers during sentencing she can make a formal request to the Synod to do so and may be able to provide liao for this purpose.

JonC: added section for differences for religious crimes

2015-04-28T16:01:54Z

added section for differences for religious crimes

← Older revision		Revision as of 16:01, 28 April 2015
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	Occasionally, those sentenced to penal military service repay their debt to the Empire by repeated and conspicuous acts of heroism on the battlefield. The Imperial Military Council has the power to free convicts from their penal service in such circumstances.		Occasionally, those sentenced to penal military service repay their debt to the Empire by repeated and conspicuous acts of heroism on the battlefield. The Imperial Military Council has the power to free convicts from their penal service in such circumstances.

			==Differences in the criminal process for religious crimes==

			The process for dealing with [[Religious_Crimes\|religious crimes]] is somewhat different than for other crimes.

			===Differences in the structure of the pre-trial process===

			In order for someone someone to be prosecuted for a religious crime they must first be [[Condemnation\|condemned]] by one of the Virtue Assemblies.

			Magistrates are often disinclined to hold suspects for long periods while waiting for the condemnation of an appropriate Assembly. If this is an issue, this process can often be expedited by going to the Assembly of Nine, the Imperial Inquisitor, or any other titled position that wields the legal power of inquisition and condemnation.

			The magistrate will require an expert witness from the relevant assembly to present the basis for the condemnation and to assist them as required at trial. This is usually (but not necessarily) the priest who brought the motion of condemnation.

			The accused may choose how to plead but, as the Synod have already condemned them for their crime, there are very limited grounds for them being found not guilty.

			===Differences in the structure of the trial process===

			The remit of the magistrate who tries the case is limited to the following issues.

			The accused can only be found not guilty if the magistrate determines that either:

			* the accused has been condemned for something that does not meet the legal definition of a religious crime. For example, simply making an unvirtuous suggestion does not necessarily meet the definition of [[Religious_Crimes#blasphemy\|blasphemy]]; or

			* that the condemnation is not a bona fide exercise of the Assembly's powers, but is in fact a vexatious or malicious attack on the accused. It will be presumed that the condemnation is bona fide in the absence of any evidence to the contrary.

			The magistrate will throw out the case if the expert witness does not satisfy them as to the first point.

			The second point will only be considered if the accused pleads not guilty.

			If the accused is convicted the magistrate is also responsible for determining an appropriate punishment in accordance with their [[Criminal_Trials#Factors when determining sentence\|sentencing guidelines]].

			As in all cases, the harm (or potential harm) caused by the crime is often the main factor in determining sentence. So for example, if the convict has promoted heretical teachings to other citizens but there is no evidence that citizens were swayed or influenced in any way, the amount of harm caused is likely to be modest.

			In practice the death sentence tends to be reserved for the worst offenders only, in particular those who dedicate themselves to a false virtue, commit idolatry to a similar degree, or who continue to repeat their crimes.

	==Further Reading==		==Further Reading==

← Older revision		Revision as of 15:01, 3 April 2023
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	In practice the death sentence tends to be reserved for the worst offenders only, in particular those who dedicate themselves to a false virtue, commit idolatry to a similar degree, or who continue to repeat their crimes.		In practice the death sentence tends to be reserved for the worst offenders only, in particular those who dedicate themselves to a false virtue, commit idolatry to a similar degree, or who continue to repeat their crimes.

	~~==Further Reading==~~		{{Crime Links}}
	* You can review the list of current criminal offences [[List of Criminal Offences\|here]].
	* You can learn more about civil trials and claims against fellow citizens [[Civil Claims\|here]].
	* You can learn more about the Non-Player Character and Player Character officers of the law [[Officers of the Law\|here]].

	[[Category:The Law]]		[[Category:The Law]]
	[[Category:The Empire]]		[[Category:The Empire]]