Criminal trial - Revision history

Joncreek: correcting membership of sulemaine to be a serious crime

2026-06-22T18:01:12Z

correcting membership of sulemaine to be a serious crime

← Older revision		Revision as of 18:01, 22 June 2026
Line 109:		Line 109:
	* contravening a [[Declaration#Declaration of Interdiction\|Declaration of Interdiction]]		* contravening a [[Declaration#Declaration of Interdiction\|Declaration of Interdiction]]
	* [[Religious_Crimes\|religious crimes]] involving dedication to a false virtue		* [[Religious_Crimes\|religious crimes]] involving dedication to a false virtue
			* being a member [[387YE_Autumn_Equinox_Senate_sessions#Criminalise_Disciples_of_Sulemaine\|of the Disciples of Sulemaine]].

	Bear in mind that any crime may carry any punishment, up to and including death, if the circumstances warrant it.		Bear in mind that any crime may carry any punishment, up to and including death, if the circumstances warrant it.

Twiggy at 22:16, 15 July 2025

2025-07-15T22:16:12Z

← Older revision		Revision as of 22:16, 15 July 2025
Line 97:		Line 97:
	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
Line 88:		Line 88:
	* 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
Line 95:		Line 95:
	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
Line 156:		Line 156:
	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
Line 35:		Line 35:
	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
Line 33:		Line 33:
	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
Line 15:		Line 15:
	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==
Line 75:		Line 75:

	===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.

← Older revision		Revision as of 15:01, 3 April 2023
Line 162:		Line 162:
	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]]