Causa Criminalis 1.50BA: The Opinion of the Magister of the Crown

[SmartScout 241]

Causa Criminalis 1.50BA: The Opinion of the Magister of the Crown

By Robert Joseph de Lyons

 

 

Relevant Case Brief:

 

Spoiler

 

 

 

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    This first trial of my administration as Magister was a rather serious one, and contentious. And due to its importance and specific circumstances, the decisions made within it shall stand as important precedent for the future of the Magisterium and for the legal system of the Kingdom of Balian as a whole. Specifically that the Prosecutor of a case should not also be its sole Kritai, and that the category of a crime as recorded in Lex Criminalis may be upgraded or downgraded based on the circumstances of the crime and of the person committing it, and that our Government and Military officials, whatever their rank, shall be held to higher standards in the eye of the Crown’s Justice in cases such as these. 

 

    Prior to the trial, His Majesty, King Alexander I, and I spoke of the reports of Adam Randell’s suspicious behavior, and decided to investigate. He had been watched by an Agent of the Crown, and spoken to by some others to ascertain if the rumors bore weight. We also contacted an Uruk from Oysahman lands - the sole Aaunic survivor of the Battle with Adria, to see if he could positively identify Adam as having fought against him in the battle. The Uruk said that Adam seemed familiar, and seemed to debate a few times if he was in their archer corps, but decided he could not remember for certain. We then proceeded swiftly with the Trial, to assure the suspect could not escape or cause further damage.

 

    The trial proceeded as per the Processus Iudiacalis, except that since I, the Magister, served as the Prosecutor for the Crown, the King would serve as the final judge and decide the final sentence. This was to assure that there would be no bias, and that the decision in the case would not be solely mine when I was invested in the prosecution of the case. The trial, outside of some interruptions that were generally handled fairly quickly, happened smoothly and to procedure. In the end, the final verdict and sentence was a hard one, as the man had, in his time, served his country loyally, and since not proven to have fought for the Anathema, his complete treason was in doubt. Due to this, I offered His Majesty two suggestions as for the Charges and Sentence - A Felony Sentence of Life Banishment and Barrament from Public Office, along with the severing of his hand or tongue for Three Counts of Disobedience (Lex Criminals Art. IV.011D) and One Count of Vigilantism (Lex Criminalis Art. VI.03A), OR a Treason Sentence of Execution by Beheading or Hanging for the same charges.

 

    Causa categoriae, as a Soldier of the Company of Balian and an elected member of the Concio of Atrus, Adam was to be held to a higher standard of Obedience to the Crown, and expected to enforce Order within Balian, not sow dissent, chaos, and uncertainty within our Ranks and our People. By this precedent, any member of government given responsibility, whether a Peer, a Concio, a member of the Duana or under one of its Chambers, or a member of the Royal House, sewing acts of consistent Disobedience and Disorder, especially in relation to Foreign Adversaries and questionably treasonous acts, may be charged for Treason for their crimes due to the higher standards to which they are held. Whether his actions were as a misguided and presumptive vigilante seeking the best for our nation in the wrong manner, or a traitor who fought for the enemy side, his crimes were reprehensible and a dishonor and slight to all of those who work hard for the Peace, Stability, and Security of our Kingdom.

 

    In the end, upon his deliberation, His Majesty decided upon the Sentence of Treason, for any risk of such within our ranks must be quashed before it can cause harm to our people. And, as the Kritai who made final judgment, per the Processus Iudicialis he decided he would carry out the sentence himself. When the convicted requested a final trial by combat in order to escape with the lesser sentence if successful, the King decided to accept, to give his formerly loyal servant and soldier a final honor and a respectable death. This is not written in the law, and should not become routine due to the likelihood that justice may be miscarried and ignored due to pure prowess at arms; however, in circumstances such as these, where this is some degree of uncertainty in the verdict and where the accused bore some previous honor or respect within our society, let it be known that the option may at least be considered by the Kritai in charge of the trial. It is not and shall never be easy to sentence a man to death, or to aid in doing so. But justice must be done, for the Peace, Honor, Stability, and Integrity of our Kingdom, for the Safety of our People, and for the honor of GOD.

 

 

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Signed,

 

His Excellency, Robert Joseph de Lyons, Magister of the Kingdom of Balian

 

Spoiler

I know these posts are late, due to a few reasons, but I want to give a big thanks to everyone who came out to the trial, for everyone who helped it run smoothly, to Muna for being the resident stenographer, and to Awesam for being a generally good sport and making a fun and interesting first trial!

 

Edited April 18, 2023 by SmartScout