GWOT IV - Verdict
Oct. 20th, 2019 01:42 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
drewkittyGWOT IV - Verdict
Now everyone believes.
A person sentenced in this room to hang by the neck until dead, will actually hang by the neck until dead.
Now people are starting to understand why I went over the security procedures for this room so meticulously. Why there is a designated Master-At-Arms for each of our three courtrooms, and all of them are the very best surviving peace officers I could find. (Civil war is really hard on cops: those who didn't commit atrocities generally got sidewalked, those who did are on the other side of the dock.)
There is no permanent judge. The duty of presiding officer rotates among the commissioned officers at the prison, with other California Republic officers required to come and take a turn.
(One refused. He was ordered a second time, and refused again. A summary court martial did not give him the opportunity to resign his commission, which is what he should have done, and dismissed him just in time to draft him back as an infantryman. He's on the lines somewhere in the Sierras. As a private.)
The separation of offenses into two categories, the atrocious crimes and the war crimes, has speeded up the process. The pilot who flew around lighting houses has argued military necessity - this puts him in the war crimes category, and this will buy him a few weeks of life. But he will die horribly. We found The Video Clip, you see. So he's done.
Today we are doing rapes. This is an open and shut offense under civilian law as well as the Uniform Code of Military Justice. Two aggravating circumstances that dramatically speed up the verdict are 1) age of victim and 2) status of victim as a prisoner. In both cases, pre-War American Federal Law makes it abundantly clear that neither a minor nor a prisoner can consent to sex. So when a minor prisoner is violated, the statement by the accused that "they consented" is a confession not a defense.
That was seven quick death sentences before the defense advocate started telling his clients to STOP SAYING THAT! Every now and again, one doesn't listen, and that's another quickie kill.
Once you exclude consent, there are two major categories of defense by the accused: 1) the crime never happened and 2) it happened but you've got the wrong guy. Or in three cases, gal.
We are applying two additional concepts of criminal law. I have decided that in the absence of physical evidence, the testimony of two witnesses is necessary to condemn a person for rape or mayhem, i.e. when fatality did not result. For mayhem the evidence is found on the body of the survivor. "One eye socket, four fingernail sockets..." For rape it is not so simple. This is civil war; the defense advocate has pointed out quietly, once, that there can be no guarantee that a person's intimate injuries were inflicted by the specific suspect accused.
This is not a blanket license to kill. The defendants have their day in court. They have the right to present evidence and to confront their accusers.
Through the advocate, a defendant is asking questions of a victim. She has just testified that she is a victim of a vicious and repeated gang rape, and that he is one of the aggressors.
The advocate pauses after hearing something whispered in his ear.
"Ma'am, I understand that I am asking a very unpleasant question. Was there anything unusual about the suspect's penis?"
"Approach the bench!" I immediately snapped.
Both the commission prosecutor and defense advocate run forward hastily.
"Explain your line of questioning," I whisper. The testimony box is on one side of the bench, and our quick conversation is on the other.
"Suspect feels he has exculpatory physical evidence."
"Related to his penis?" Or unspoken, is he just taking one last moment to try to jab at his victim?
The defense advocate nods.
"It is the order of this court that the defendant undergo _immediate_ examination by a licensed paramedic or doctor. This case is suspended. Next case."
I write a note. Unsurprisingly, I get a phone call within minutes from the infirmary medic on duty.
"You want me to do _what_?"
"Take pictures from several angles of his external genitals and thighs. Inspect for abnormalities, tattoos, scars, etc. Distinguishing marks."
"Ohh..... Do I need a warrant?"
"This is an order of a court. I will put it on paper if you feel the need to be tiresome."
"That won't be needed."
We continue working our way through the cases. Another defendant attempts a prostitution defense. I interrupt his confession.
"You are found guilty by your own admission in this court of one count of capital rape. By neck until dead. Remove him."
It takes four hefty guards to do so, after hitting him in both legs with their white batons several times. I hear the crack of splintering bone. I'm OK with that.
The doctor and defendant return. She slides over her phone.
He has a visible piercing in his genitals, with a metal bent nail instead of a ring. But the skin around it is inflamed, and not just around it.
"Doctor, take the stand, if you please."
This is not a court of competing merits, as we have made clear repeatedly. Nor is this a court of equity. This is a military court with a justice fact finding mission, under military discipline.
"Let the record show that per prior testimony the rape is alleged to have occurred eight months ago. Doctor, how recent is this piercing?"
"Less than six weeks."
We have been operating this prison for eight weeks.
"Defendant, you are found guilty of felony evidence tampering and mayhem against California Republic property, to wit, self harm to your genitals. You are sentenced to ten years in prison with potential for remand. The prosecution for capital rape is suspended for ninety days."
There is terrible dawning hope on the defendant's face. He's won his bet, his penis or his life.
"A special order will be posted. We have already ordered that self harm to feet will be punished as a violation of POW regulations. Self harm to genitals is now added as a violation of POW regulations. This will be publicized within the facility. Return this prisoner to UC custody."
The defense advocate is horrified.
"With respect, please remove this guilty defendant to guilty custody. He is convicted; he should not be housed with those who are still to be judged."
"In this special situation, his potential guilt of capital crimes has been abeyed, not tolled. He goes back to UC."
"Appeal!"
Our justice is swift. The defense advocate knows that he's pissing me off. But there is this right, to have another judge look over what I am doing.
Her face is terrible once the situation is explained.
"Appeal rejected," she states, and goes back to her courtroom, where they are hearing tortures of pregnant women.
"Remove the prisoner to UC."
He is put back in the holding cell. At the end of the day he will be returned to the larger side of the facility, the one where the innocent and the damned are still mixed.
He will not survive the night. He cut off an escape path for his peers. Hopefully we can execute his killer(s) as well.
This is military justice, not ordinary justice.
The rest of the day is routine. Several prisoners are found Not Guilty, and therefore promoted to Prisoner Of War.
One of them, however, does something I take official notice of.
He sneers at the victim. "Bye Sara."
"Stop," I tell the guards. "Court recorder, I'm remoting into your screen. Review transcript of witness testimony. Cue audio."
For four minutes everyone is perforce silent, staring at me while I listen to the audio from her prior testimony and read the rough transcript on my laptop.
I switch the replay from my headphone to speakers.
"Introducing Witness 327. Witness 327. Do you recognize the person in the suspect box?"
"Yes."
I hit Stop and give orders.
"WItness 327, take the stand. Witness 327, you are under oath. Witness 327, state only your first name for the record. No other part of your name. Just your first name."
I already have it, from the coded identity list.
"Sara," she whispers.
"Defendant, you are found guilty of capital rape and sentenced to hang by the neck until dead."
"With respect?!?" the defense advocate pleads.
"Defendant claimed in sworn testimony that he had never met the witness. The name of the witness was not spoken in this court until his confessional remark. A link being established by his own words. Physical evidence, and himself as a second witness."
"A man can't be compelled to testify against himself!"
"He spoke freely." Pause. "Do you wish to appeal?"
The defense advocate shook his head.
The newly guilty prisoner was dragged off, numb and stunned, to execution holding cell.
We finished out the day.
I wished I could drink. I wished I could smoke. And after a day of hearing what I had to hear, to do my duty, I never wanted to think about any kind of sex ever again.
So instead I went to the officer's wardroom, made myself a sandwich, and cracked open a military history book.
Two minutes later I closed it heavily.
'Pay well, command well, hang well.' - Sir Ralph Hopton
The alleged 'officers' of Homeland had paid their people very well, in their damned blue backs and in loot and in permission to commit crimes and atrocities. They had commanded very poorly indeed.
So it was up to us to redress the balance.
Very fucking _well_, we shall hang.
Very, very well.
Now everyone believes.
A person sentenced in this room to hang by the neck until dead, will actually hang by the neck until dead.
Now people are starting to understand why I went over the security procedures for this room so meticulously. Why there is a designated Master-At-Arms for each of our three courtrooms, and all of them are the very best surviving peace officers I could find. (Civil war is really hard on cops: those who didn't commit atrocities generally got sidewalked, those who did are on the other side of the dock.)
There is no permanent judge. The duty of presiding officer rotates among the commissioned officers at the prison, with other California Republic officers required to come and take a turn.
(One refused. He was ordered a second time, and refused again. A summary court martial did not give him the opportunity to resign his commission, which is what he should have done, and dismissed him just in time to draft him back as an infantryman. He's on the lines somewhere in the Sierras. As a private.)
The separation of offenses into two categories, the atrocious crimes and the war crimes, has speeded up the process. The pilot who flew around lighting houses has argued military necessity - this puts him in the war crimes category, and this will buy him a few weeks of life. But he will die horribly. We found The Video Clip, you see. So he's done.
Today we are doing rapes. This is an open and shut offense under civilian law as well as the Uniform Code of Military Justice. Two aggravating circumstances that dramatically speed up the verdict are 1) age of victim and 2) status of victim as a prisoner. In both cases, pre-War American Federal Law makes it abundantly clear that neither a minor nor a prisoner can consent to sex. So when a minor prisoner is violated, the statement by the accused that "they consented" is a confession not a defense.
That was seven quick death sentences before the defense advocate started telling his clients to STOP SAYING THAT! Every now and again, one doesn't listen, and that's another quickie kill.
Once you exclude consent, there are two major categories of defense by the accused: 1) the crime never happened and 2) it happened but you've got the wrong guy. Or in three cases, gal.
We are applying two additional concepts of criminal law. I have decided that in the absence of physical evidence, the testimony of two witnesses is necessary to condemn a person for rape or mayhem, i.e. when fatality did not result. For mayhem the evidence is found on the body of the survivor. "One eye socket, four fingernail sockets..." For rape it is not so simple. This is civil war; the defense advocate has pointed out quietly, once, that there can be no guarantee that a person's intimate injuries were inflicted by the specific suspect accused.
This is not a blanket license to kill. The defendants have their day in court. They have the right to present evidence and to confront their accusers.
Through the advocate, a defendant is asking questions of a victim. She has just testified that she is a victim of a vicious and repeated gang rape, and that he is one of the aggressors.
The advocate pauses after hearing something whispered in his ear.
"Ma'am, I understand that I am asking a very unpleasant question. Was there anything unusual about the suspect's penis?"
"Approach the bench!" I immediately snapped.
Both the commission prosecutor and defense advocate run forward hastily.
"Explain your line of questioning," I whisper. The testimony box is on one side of the bench, and our quick conversation is on the other.
"Suspect feels he has exculpatory physical evidence."
"Related to his penis?" Or unspoken, is he just taking one last moment to try to jab at his victim?
The defense advocate nods.
"It is the order of this court that the defendant undergo _immediate_ examination by a licensed paramedic or doctor. This case is suspended. Next case."
I write a note. Unsurprisingly, I get a phone call within minutes from the infirmary medic on duty.
"You want me to do _what_?"
"Take pictures from several angles of his external genitals and thighs. Inspect for abnormalities, tattoos, scars, etc. Distinguishing marks."
"Ohh..... Do I need a warrant?"
"This is an order of a court. I will put it on paper if you feel the need to be tiresome."
"That won't be needed."
We continue working our way through the cases. Another defendant attempts a prostitution defense. I interrupt his confession.
"You are found guilty by your own admission in this court of one count of capital rape. By neck until dead. Remove him."
It takes four hefty guards to do so, after hitting him in both legs with their white batons several times. I hear the crack of splintering bone. I'm OK with that.
The doctor and defendant return. She slides over her phone.
He has a visible piercing in his genitals, with a metal bent nail instead of a ring. But the skin around it is inflamed, and not just around it.
"Doctor, take the stand, if you please."
This is not a court of competing merits, as we have made clear repeatedly. Nor is this a court of equity. This is a military court with a justice fact finding mission, under military discipline.
"Let the record show that per prior testimony the rape is alleged to have occurred eight months ago. Doctor, how recent is this piercing?"
"Less than six weeks."
We have been operating this prison for eight weeks.
"Defendant, you are found guilty of felony evidence tampering and mayhem against California Republic property, to wit, self harm to your genitals. You are sentenced to ten years in prison with potential for remand. The prosecution for capital rape is suspended for ninety days."
There is terrible dawning hope on the defendant's face. He's won his bet, his penis or his life.
"A special order will be posted. We have already ordered that self harm to feet will be punished as a violation of POW regulations. Self harm to genitals is now added as a violation of POW regulations. This will be publicized within the facility. Return this prisoner to UC custody."
The defense advocate is horrified.
"With respect, please remove this guilty defendant to guilty custody. He is convicted; he should not be housed with those who are still to be judged."
"In this special situation, his potential guilt of capital crimes has been abeyed, not tolled. He goes back to UC."
"Appeal!"
Our justice is swift. The defense advocate knows that he's pissing me off. But there is this right, to have another judge look over what I am doing.
Her face is terrible once the situation is explained.
"Appeal rejected," she states, and goes back to her courtroom, where they are hearing tortures of pregnant women.
"Remove the prisoner to UC."
He is put back in the holding cell. At the end of the day he will be returned to the larger side of the facility, the one where the innocent and the damned are still mixed.
He will not survive the night. He cut off an escape path for his peers. Hopefully we can execute his killer(s) as well.
This is military justice, not ordinary justice.
The rest of the day is routine. Several prisoners are found Not Guilty, and therefore promoted to Prisoner Of War.
One of them, however, does something I take official notice of.
He sneers at the victim. "Bye Sara."
"Stop," I tell the guards. "Court recorder, I'm remoting into your screen. Review transcript of witness testimony. Cue audio."
For four minutes everyone is perforce silent, staring at me while I listen to the audio from her prior testimony and read the rough transcript on my laptop.
I switch the replay from my headphone to speakers.
"Introducing Witness 327. Witness 327. Do you recognize the person in the suspect box?"
"Yes."
I hit Stop and give orders.
"WItness 327, take the stand. Witness 327, you are under oath. Witness 327, state only your first name for the record. No other part of your name. Just your first name."
I already have it, from the coded identity list.
"Sara," she whispers.
"Defendant, you are found guilty of capital rape and sentenced to hang by the neck until dead."
"With respect?!?" the defense advocate pleads.
"Defendant claimed in sworn testimony that he had never met the witness. The name of the witness was not spoken in this court until his confessional remark. A link being established by his own words. Physical evidence, and himself as a second witness."
"A man can't be compelled to testify against himself!"
"He spoke freely." Pause. "Do you wish to appeal?"
The defense advocate shook his head.
The newly guilty prisoner was dragged off, numb and stunned, to execution holding cell.
We finished out the day.
I wished I could drink. I wished I could smoke. And after a day of hearing what I had to hear, to do my duty, I never wanted to think about any kind of sex ever again.
So instead I went to the officer's wardroom, made myself a sandwich, and cracked open a military history book.
Two minutes later I closed it heavily.
'Pay well, command well, hang well.' - Sir Ralph Hopton
The alleged 'officers' of Homeland had paid their people very well, in their damned blue backs and in loot and in permission to commit crimes and atrocities. They had commanded very poorly indeed.
So it was up to us to redress the balance.
Very fucking _well_, we shall hang.
Very, very well.
