From: Peter Metcalfe (P.Metcalfe@student.canterbury.ac.nz)
Date: Thu 12 Dec 1996 - 02:12:41 EET
David Dunham:
>The Chinese (at least in Judge Dee stories) used torture on suspects,
=============
>to extract confessions; Kralorelans undoubtedly do the same.
I'm told this came about in China because a kind emperor in the Tang
Dynasty decreed that there should be no convictions without confessions.
Criminals being what they are, clammed up immediately and torture
was brought in to solve the problem.
>I suspect in Dara Happa (if not the Lunar Empire at large), if the
>authorities accuse someone, they're assumed to have a very good
>reason, and the burden of proof is on the defendant.
I don't think they bother with proof in some courts of the
Lunar Empire. I think they have three different types of
courts:
COMMONER COURTS: The peasants and urban commoners of the
Heartlands have their own courts which follow customary
rules given by Nysalor, Turos, Antirius, the Red King etc.
Because of this they vary. I suspect most commoner courts
do not have the right to inflict the death penalty. In
such a case, they would argue their case in front of a
Imperial official (or a court that could issue such a
penalty) and demand the death sentence.
MILITARY COURTS: This is where most of the offenses against
the Lunar Empire are heard (ie sabotage, tax evasion etc)
The charges are heard and the defendant is given a chance to
respond. Citizens do have a right of appeal to a higher
authority. Although I've called them military courts, civilian
officials may preside over some of these courts in the provinces.
But no lawyers and the standard of proof required is not high.
IMPERIAL COURTS: The defendant pleads guilty to a massive
list of crimes against the Lunar Empire, throws himself
on the mercy of the Red Moon before being packed off to
Redland Camps, Black Seas Fleet or the Fifth Hell. The
sort of people who appear here are bigwigs who have fallen
afoul of the Emperor.
>The Orlanthi system seems not to favor either side.
That is because they attempt to avoid Kinstrife and mediate
between the two parties rather than sort out who is right
and who is wrong.
WESTERNERS: Probably rely on the inquisitorial method
which prevails on the Continent rather than a jury system.
- --Peter Metcalfe
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