Limyaael

[info]mythusmage @ 07:19 am: [Example] Unicorn Orc Justice
The Unicorn Orcs are nomadic herdsmen living on the Unicorn Plains. Their ancestors were humans with an injection (of sorts) of wolf DNA (long story). Because of their lifestyle they don't have the resources to imprison miscreants, so they use various other methods instead. This comment is a look at Unicorn Orc justice.

1. What Are the Laws Like?

Aimed primarily at keeping the peace. Between individuals, families, clans, tribes, and nations. The basic philosophy is, unless you have cause. If you can show cause for your actions, then you have not committed a crime. If you don't have a valid cause, a good reason for what you did, then punishment is applied.

Yes, in Unicorn Orc law it is possible to show cause for theft. The victim constantly boasts about some possession and annoys the heck out of people about it, it is possible for one to steal that item and justify it by the victim's annoying boasting. Unicorn Orcs do boast, but they tend not to be obnoxious about it.

2. Who Deals With the Law

In most cases clan chiefs or their designated representatives will deal with the matter. In those cases where the matter involves people from different clans a neutral clan will be asked to adjudicate matters. Quite often matters between different families will be handled by the respective families as a private matter. Or the two families may ask a third, neutral family to mediate.

On rare occasion tribal or even national leaders may be called upon to handle matters. The Unicorn Orc confederacy's leadership is enlisted only in the most extreme cases.

By and large crime and punishment is handled in family, in clan, in tribe, or in nation.

3. How is Magic Used

To gather information. What happened? Who's responsible and how?

Testimony is given under an enchantment. This enchantment only allows making statements that are factually true. Anyone on either side of a dispute can ask questions of the witness, but usually a single interlocutioner will be assigned to the task. It is up to him as to which questions will be asked, and often crucial questions will not be asked because he, the interlocutor, didn't like them.

Outside of testifying information magic is used to gather evidence, or to evaluate such evidence as has been gained. Divination, necromancy, shamanism, mysticism are all used. Other types of magic have been used on occasion.

4. How Just is the Treatment Given Prisoners

Unless the crime is particularly heinous, and the perpetrator's family/clan etc. has disowned him, lenient. Even for murder. Even if the accused is convicted there is always the chance his family/clan etc. could petition for damages because of the prisoner's treatment. In some cases the prisoner may have all charges dismissed because of his treatment, and charges brought against his captors.

When the crime is particularly outrageous, and the prisoner's family has essentially turned their backs on him, the usual outcome is often, "Hacked to tiny little bits while trying to escape staked down spread eagled naked beneath the blazing noon day Sun." In such cases the finding is often, "Bet he won't do that again."

5. Who Has the Right to Inflict Punishment?

The victim's family for the most part. Unless the judge (whoever he may be) has knowledge the family intends to inflict an outrageous punishment. In which case the clan/tribe etc. will decide an what is going to happen. This decision taken during a meeting of the clan/tribe etc. council, or an equivalent body. The miscreant himself may suggest a punishment, which he will have to go through if it is accepted.

(continued)

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