I wrote a few pages on it for Galaxies in Shadow.
Trials
One an Investigation is complete and an arrest made, comes the trial. The following rules are intended to represent rational tribunals but other methods can be required in other societies. Trial by combat, trial by ordeal, and trial by religious means all might exist in some societies. A particularly fatalistic or indifferent society might even resolve such things with a roll of the dice or similarly random method. Such things aren’t covered here.
The method of playing out a trial is a series of success rolls beginning with the case for both parties being presented, then the evidence, and finally the facts and factors involved being summed up. While it is common for both sides to have their say in each stage particularly biased or unbalanced systems may well restrict one or more stages from one side or the other. For instance, a society that wants to speed things along might have the prosecution present the case and the evidence and only allow the defendant to make a closing plea.
In any case, the objective of a trial is to shift the opinion of the judge, jury, council, or automated executioner. Normally these arbitrators are assumed to begin with an unbiased opinion but the situation could easily be less fair than that. In a rational, democratic society the worst one is likely to encounter is a biased arbitrator but in a corrupt, totalitarian regime they may even be strongly convinced for one side or the other from the very beginning. Societal Factors
Paternalistic Imprisonment Time doubled but comfortable
Idealistic No sentences of torture, death rare
Sentimental Emotional Appeals at + 20
Pacifistic No sentences or torture or death
Brutal All Sentances are torture or death
Callous Emotional Appeals at -20
Efficient Sentence times halved but no chance of appeal
Irrational Punishments are bizarre and symbolic
Ironic Punishments fit the crime in amusing ways
Sadistic All death sentences and torture are public spectacles
Practical No appeals permitted
Determining Bias
The following guidelines may help. A corrupt arbitrator that has been bribed is shifted one step in favour of the highest bidder. A cowardly arbitrator that has been coerced is shifted one step in favour of the most credible threat. An arbitrator in an authoritarian regime is automatically shifted one step in favour of the interests of the state. An arbitrator who knows and dislikes the defendant or either solicitor is shifted on step against that person’s case. Likewise if they like them their state is shifted favourably. An arbitrator may also shift for personal reasons like racism or experience with the crime in question.
Time Frame
The time given to court proceedings can depend a great deal on the situation. As a general rule, the more obsessed with justice and ethics a society becomes, the less efficient their judicial system gets and the longer the backlog becomes. It can even reach the point where the time a defendant spends in prison waiting for trial is longer than the sentence.
Time Frame
Stage Scheduling
Pre-Trial Hearing 3d10 hours
Opening Arguments 1d10 days
Presenting Evidence 1d10 weeks
Closing Arguments 1d10 days
Sentencing 1d10 days
Efficient System / 2
Inefficient System x 2
Pre-Trial Hearing
In some societies a trial is preceded by a short hearing to determine if the case merits the time and resources of a full trial. If the investigators have gone to court with evidence the arbitrator deems insufficient the case may be dismissed. This should be handled as a simple contest of skills modified for the quality of the evidence without any consideration for the reliability of witnesses, forensics, and visual recordings, with the prosecution as the aggressor.
Pretrial Hearing
Base Time: 30 minutes
Skill: Appropriate Law Skill verses Appropriate Law Skill
Modifiers
-10 per unreliable witness
-10 per inconclusive piece of data
Exceptional Failure: Censured for wasting the court’s time.
Failure: case thrown out
Marginal Success: case proceeds but Arbitrator biased by one step against.
Success: case proceeds
Exceptional success: case proceeds and Arbitrator biased in favour by one step
Running the Trial
Each stage of the trial is a contest between the two sides with a victory shifting the State of Arbitration by one step. If the arbitrator is absolutely in favour of the defendant, there is backlash and public disgust with the prosecuting and investigating parties and other long term repercussions. If the arbitrator is convinced in favour of the defendant they are acquitted, though a sensational public trial will likely result in lasting doubts and distrust. The final state of arbitration and the nature, scope, and severity of the crime provide a number of points that are totaled to find the sentence.
Opening Statements
At the start of the trial the prosecution presents the charges to the court and the defense responds. In some systems the arbitrator presents the charges and only the defense responds. This is an excellent opportunity for both sides to set the tone of the following trial.
Opening Statement
Base Time 30 minutes
Oration Skill
Exceptional Failure: Well, the good news is you’ve offended the court. Case thrown out.
Failure: You need to talk less. State of arbitration declines one step.
Marginal Success: They get it, time to sit down and shut up.
Success: Even from the outset they can see your point. State of arbitration improves one step.
Exceptional Success: Brilliant work. State of arbitration improves two steps.
Present Witness
Memory is a tricky thing and witnesses are less reliable than recordings or hard data. Even so, a witness can colour and shade the events and give them the appeal of a story as well as putting a human face on the events. Once the witness is presented the other side gets to cross examine so this is treated as a contest.
Presenting Witnesses
Base Time: 1 hour
Appropriate Law verses Appropriate Law
Modifiers
+40 Confession of Defendant
+20 Confession of Accomplice
+ 20 Reliable Witness
-20 Unreliable Witness
Exceptional Failure: The witness and the lawyer look like idiots, State of Arbitration declines two steps.
Failure: The witness seems dishonest or confused, State of Arbitration declines a step.
Marginal Success: The witness is uninspiring.
Success: The witness is on the ball. State of Arbitration improves a step.
Exceptional Success: The witness is clear and compelling. State of Arbitration improves two steps.
Presenting Evidence
Evidence is presented by an expert in the field with the lawyers asking questions particular to the case. The skill used depends on the field. History, Accounting, Criminology and Forensics are all common but more esoteric evidence is not unheard of. The other side then gets to try and discredit the evidence.
Present Evidence
Base Time: 1 hour
Appropriate Skill verses Logic
Modifiers
+20 Conclusive Evidence
+20 Reliable Visual Recording
+10 Unreliable Visual Recording
- 10 Circumstantial Evidence
- 10 Unreliable Evidence
Exceptional Failure: Nonsense and gibberish! State of Arbitration declines two steps.
Failure: That doesn’t sound right. State of Arbitration declines one step.
Marginal Success: From their blank stares, that was too much for the jury.
Success: Excellent! They see reason. State of Arbitration advances one step.
Exceptional success: True clarity is attained. State of Arbitration advances two steps.
Closing Statements
At the end of the trial both sides sum up their cases before the arbitration determines the outcome and sentence if any. Each lawyer can decide whether to attempt an emotional, legal, or evidence based approach to the closing statement.
Closing Statement
Base Time: 30 minutes
Emotional Appeal: Oration Skill
Legal Argument: Appropriate Law Skill
Evidence Based: Criminology or Forensics Skill
Modifiers
+ 10 per Step Arbitrator is in your favour
-10 per Step Arbitrator is against you
Exceptional Failure: That wasn’t what you meant to say! State of Arbitration declines two steps.
Failure: Choke at the end. State of Arbitration declines one step.
Marginal Success: There’s that dead stare again. You need a vacation.
Success: The look in their eyes lets you sit down with confidence. State of Arbitration improves one step.
Exceptional success: Not a dry eye in the place. Some day they’ll make movies about this. State of Arbitration improves two steps.
Sentencing
To find the final sentence total the points provided on the following list, starting with the final State of Arbitration, the nature and severity of the crime, and the breadth of its impact.
Final State of Arbitration
na Absolutely In Favour of Defendant
na Convinced In Favour of Defendant
0 Biased In Favour of Defendant
1 Unbiased
2 Biased In Favour of Prosecution
3 Convinced In Favour of Prosecution
4 Absolutely In Favour of Prosecution
Crime
1 Disturbance
2 Theft
3 Property Damage
4 Harm
Degree
1 Petty Noise, Day’s Salary, Littering, Abuse
2 Minor Libel, Week’s Salary, Personal Property, Assault
3 Major Perjury, Year’s Salary, Group Property, Attempted Murder
4 Extreme Treason, National Treasure, State Property, Murder
Scope
1 Individual
2 Small Group
3 Large Group
4 Region
Degree of Punishment / Resolution
1 - 2 Therapy
3 - 4 Fine or Restitution
5 - 6 Fine or Restitution + Expenses
7 - 8 1 -5 years Imprisonment + Therapy
9 -10 1 - 5 years Imprisonment
11 - 12 6 - 10 years Imprisonment + Torture
13 - 14 11 - 20 years Imprisonment + Torture
15 - 16 Life Imprisonment or Death
17 -18 Life Imprisonment with no parole or Death + Torture
Appeals
If either side can show proof of bias or error in an appeal hearing they can go to trial again. Not all societies allow appeals as they are an expensive and time consuming activity. An appeal is much the same as a pre-trial hearing.
Appeal
Appropriate Law
Modifiers:
+ 10 per inconclusive piece of evidence
+10 per unreliable witness:
+10 per step of judicial bias
Exceptional Failure: Well, that was ham fisted. Appeal denied and the entire judicial system is biased against you by one step for life.
Failure: appeal denied
Marginal Success: Appeal approved but arbitration biased against you by one step.
Success: Appeal approved
Exceptional Success: Appeal approved and Arbitration biased in your favour by one step.