Re: Courts in occupied Sartar

From: donald_at_...
Date: Sat, 11 Sep 2004 10:44:24 GMT

In message <047a01c4979b$90daf410$e6150a0a_at_SOLOVAY> "Andrew Solovay" writes:
>donald_at_... wrote:
>>
>> I'm not sure what the legal system is in occupied Sartar but
>> as an idea I see four separate strands -
>>
>> [...]
>> 4. The Lunar court system which allows Lunar citizens to have
>> cases referred there rather than be subject to local law
>> and courts. Heortling PCs are generally not going to encounter
>> this unless they try and take legal action against a Lunar
>> citizen and look as if they might win locally. Then it gets
>> referred to the nearest Lunar court - there may be one in
>> Boldhome otherwise it'll be Furthest. Should be good fun when
>> the PCs are asked to swear oaths on the Red Goddess and such
>> like.
>
>Case 4 probably splits into two subcategories:
>
>4a: Subjects of the Lunar Empire (who are not native Sartarites) who are not
>full Lunar citizens who are accused of crimes. (This might also include
>native Sartarites who have "gone Lunar" in some significant way, e.g.
>joining a Lunar cult.) These people would presumably be judged by the laws
>of occupied Sartar, i.e. the native laws as modified by orders of the
>occupation--though the judges would certainly be Lunars or Lunar-allied
>provincials.

Which is my system 2. The Lunars view Sartarites as subjects and I don't think their legal system will distinguish between those who have adopted some Lunar ways and those who haven't. I think they'll be military appointments as it's a military occupation and I don't see judges being sent that far outside the Heartlands.

>4b: Full Lunar citizens who are accused of crimes and decide to appeal to
>Imperial law. Possibly these people couldn't even be tried in Sartar and
>would have to be shipped home to the Empire proper for trial. This might be
>a risky gambit--if a Lunar citizen is accused of petty fraud and appeals to
>Imperial justice, an annoyed magistrate might give him a heavier punishment
>than the fine he'd pay under Sartarite law.

True, it's a risk but there will be a perception that Lunar justice is real justice not this barbarian nonsense. That foreign witnesses have problems getting to the court and can't understand the proceedings will tend to swing the case against the prosecution and where it's a case for damages that's likely to be a major obstacle.

>And crimes committed by Lunar soldiers (who might or might not be full
>citizens) could be tried in these courts, or in a court-martial, depending
>on the circumstances (including the political considerations and/or the
>commanding officer's whim).

I think the army will make sure all accusations of crime against soldiers will be tried by court martial with various loopholes which allow commanding officers to dismiss cases they don't want brought. Even a Lunar citizen is going to need a fair bit of political clout to get a case transfered to a Lunar court - see this piece of paper you signed when you joined up - Section 4, subsection d, paragraph xiv "While enlisted the recruit shall be subject to the provisons of the military justice orders as in force at the applicable time".

-- 
Donald Oddy
http://www.grove.demon.co.uk/