Crime and Punishment

[Vutall]

Crime and Punishment
In a seedy sake house in Toshi Ranbo, one samurai kills another in a fit of drunken rage. Nearby, a heimin farmer takes advantage of the confusion to steal a bag of rice from a merchant’s stall. Both have committed crimes under Imperial law and now face the brutal, unforgiving machinery of the Rokugani legal system.

The Imperial approach to penal and administrative justice was established one thousand years ago. It is a complex mix of unbiased investigation, subjective testimony based on social status and standing, religious considerations, and pragmatic, brutal efficiency. It begins with investigations of crimes by magistrates. The presiding magistrate usually makes their judgment based on a combination of testimony by witnesses, whose credibility is based on their social status, and confessions—often obtained through torture. Physical evidence, no matter how compelling, often has little place in the process. When found guilty, offenders are subject to swift and often lethal punishments. In the end, the best way of dealing with the brutal vagaries of Imperial law is to avoid ever having to deal with it.

Torture in Rokugan
In Rokugan, torture is considered a proper method of investigation. It is also a spiritually impure activity, however, due to the torturer touching blood and sweat. Thus, only members of the hinin caste normally perform this function

Enforcement
The task of stewarding the land for the Emperor requires a samurai to execute the Emperor’s will. This includes the Emperor’s laws, which are collected and enforced by the Emerald Champion. The maintenance of order, law, and justice in Rokugan—in that order of importance—is one of the primary responsibilities of the samurai. Crime in Rokugan is much the same as anywhere else; theft, assault, murder, and arson are all known within the Emerald Empire.

To enforce laws and maintain an orderly society within their borders,provincial daimyō appoint special investigators called magistrates. These magistrates are loyal to clan and daimyō,and are assisted by yoriki(lesser-ranking samurai) and budōka (armed peasant vassals) in tracking and apprehending criminals. Historically, two classes of magistrate have attended to Imperial crimes: Emerald Magistrates, appointed by the Emerald Champion, and Jade Magistrates, appointed by the Jade Champion. The former investigate crimes crossing multiple clan boundaries or involving nation-al personages. The latter were shugenja tasked with investigating crimes against religion or evil magic involving the Shadowlands, but the office has not been filled in centuries

Office of the Emerald Champion
The Emperor’s chief administrator, the Emerald Champion over-sees the enforcement of Imperial laws throughout Rokugan through their Emerald Magistrates. Emerald Magistrates investigate crimes concerning Imperial Law (and can also mete out punishments), and answer only to the Emerald Champion and the Emperor himself. The Emerald Champion also commands the Imperial Legions, the Emperor’s standing army.

Office of the Ruby Champion
Known for having excellent knowledge of Rokugani society, history, and tradition, as well as for having considerable martial skill, the Ruby Champion supervises the training of new Emerald Magistrates and maintains the scrolls codifying Imperial law. Acting as second-in-command to the Emerald Champion, the Ruby Champion is usually chosen from among the Emerald Magistrates through a tournament and maintains their own estate at Shiro Yogasha.


Magistrates
Until the middle of the second century, an arbitrary and inconsistent patchwork of laws and punishments held sway over Rokugan. Many conflicts among samurai were settled with iaijutsu duels, a tradition that con-tinues to this day, but it was not efficient to adjudicate every wrong with a sword strike. Finally, Emerald Champion Doji Hatsuo realized how haphazardly laws were being enforced in the Empire, and he tapped the renowned judge Soshi Saibankan to establish a consistent and comprehensive legal system that spanned the Empire. From their analysis of the current system, they realized they needed enforcers to mete out justice fairly and predictably, and together they created the system of Emerald Magistrates. These individuals, who are always samurai, would become the front line of the system, enforcing Imperial laws, investigating crimes against those laws and, in some cases, rendering and executing judgments

The Emerald Magistrates
The Emerald Magistrates are the senior-level magistrates in Rokugan. They can be identified by their badge of office, a carved sphere of jade, and their unmistakable emerald-green haori coats. Their jurisdiction and powers, which are specified in the Charter of the Emerald Magistrates, spans the entire Empire

They are, therefore, the “national” police force, reporting directly to the Emerald Champion. Despite their formidable powers, however, they don’t normally involve themselves in local crimes. Instead, they focus on major crimes and unrest that represent egregious violations of Imperial law or otherwise threaten peace and stability on a regional or Empire-wide scale

The Charter of the Emerald Magistrates, which was drafted by Soshi Saibankan, is a substantial document, but it can be summarized as follows:

1.Emerald Magistrates are concerned with major crimes: treason, crimes of a national scope, crimes involving organized blasphemy or the Shadowlands, the flight of fugitives across clan or territorial borders, and general civil disorder and lawlessness. If they become aware of lesser crimes, they are duty bound to inform authorities with appropriate jurisdiction.

2.Emerald Magistrates are empowered to over-see collection of Imperial taxes and tariffs, issue Empire-wide travel papers, and protect visiting dignitaries. They also have the right to enter any place in the Empire and arrest and question any person in performance of their duties. There is a caveat, though—if this involves samurai of higher social status or station than their own, they must obtain an appropriate writ from the Emerald Champion or from the daimyō or lord of the samurai in question.

3.Emerald Magistrates are generally not permit-ted to address purely local law enforcement matters, although they won’t hesitate to intervene in crimes in progress. They also don’t involve themselves in blood feuds, nor are they permitted to receive any gifts or other compensation in relation to their duties

Emerald Magistrates therefore have consider-able powers, but only in relation to major crimes with Imperial implications. Accordingly, Emerald Magistrates—who are appointed by the Emerald Champion on behalf of the Emperor—are selected from samurai who have proven themselves worthy of such an honored position. Emerald Magistrates can be drawn from any Great Clan—and rarely from a Minor Clan. While they maintain their clan affiliation, they are expected to maintain an Empire-wide perspective regarding their duties

While they often work alone, it isn’t uncommon for Emerald Magistrates to operate in groups, particularly if a significant threat or crime is suspected. Emerald Magistrates are also typically accompanied by a retinue of assistants and attendants, as described on “Magisterial Auxiliaries” on page 92. Finally, Emerald Magistrates have limited powers to levy bodies of troops if it is necessary to carry out their duties. In all respects, local lords are expected to assist Emerald Magistrates as much as possible, as long as the requested assistance is reasonable and conforms to their charter.

It should be noted that an additional magisterial office exists as a senior Imperial appointment: that of Jade Champion. This position was created early in the Empire’s history in order to combat illegal and blasphemous magics. A contingent of Jade Magistrates was established to report to the Jade Champion. The position has been vacant for several hundred years, however. As a result, there are no Jade Magistrates, either. The duties of the Jade Champion and Jade Magistrates are currently assumed by the Emerald Champion and Emerald Magistrates, with assistance from organizations such as the Kuni Witch Hunters of the Crab, the Asako Inquisitors of the Phoenix, and the secretive Kuroiban, or Black Watch, of the Scorpion

Clan Magistrates
Clan magistrates are similar to Emerald Magistrates, but with their jurisdiction confined to the lands and holdings of their parent clan. Outside of this jurisdiction, they have essentially no magisterial authority. They are also more likely than Emerald Magistrates to become involved in local crimes and investigations that occur within their jurisdiction, but generally only if local magistrates are not readily available or require assistance. Otherwise, many of the broad powers provided to the Emerald Magistrates by their charter are available to clan magistrates, again within the limits of the lands and holdings of their clan. Because of their complementary powers and jurisdictions, they often work in conjunction with Emerald Magistrates operating in their clan’s territory. This is also a way for a clan’s leadership to ensure that their interests are rep-resented in any such investigation—and, of course, so that the leadership can remain aware of what Emerald Magistrates may be up to in their lands.

Clan magistrates are appointed under the authority of provincial daimyō, and they are assigned to either patrol assigned territories and the holdings that lie within them or to oversee important towns or other landmarks. As is the case with Emerald Magistrates, such an appointment is considered prestigious and is generally granted to samurai who have exhibited note-worthy accomplishments.

A typical Rokugani may only rarely, if ever, see an Emerald Magistrate, but clan magistrates are commonly seen walking down the streets of towns and cities or traveling the roads between them. As a result, these magistrates often have a better understanding of local issues and grievances, as well as relationships among members of the criminal underworld. This can make them valuable to Emerald Magistrates as sources of information that may be relevant to more serious and sweeping crimes and conspiracies.

Magisterial Auxiliaries
Magistrates of all types are often accompanied by various “auxiliaries,” subordinates who assist them in conducting investigations and enforcing the law. These include:

Yoriki, who are samurai who serve as permanent assistants to magistrates. The judicial powers of yoriki are generally limited to routine matters of investigation regarding crimes committed by samurai; yoriki report their findings to their magistrate superiors. Their judicial powers regarding crimes committed by commoners are more expansive, and include investigation and, in most cases, the authority to render summary judgment and punishment.

Dōshin, who may be samurai but are commonly heimin, are deputies to yoriki. Like yoriki, the powers of dōshin are normally restricted to routine investigation, but generally only for crimes involving commoners.

Commoners in the Empire must be policed, but they are far too numerous to be monitored closely by samurai. Dōshin, or “peasant enforcers,” are heimin who have been given the duty of watching over other heimin and burakumin. Dōshin are responsible for anything from a single village to a city district—generally, areas with large populations of commoners or where samurai only rarely visit. They are permitted to carry certain types of primarily nonlethal weapons, but they are only legally able to employ them against their fellow commoners. Likewise, a dōshin’s jurisdiction for investigating and punishing crimes only extends to other heimin and burakumin

Dōshin normally report to yoriki, sparing a magistrate from having to get mired in the petty issues and crimes of the peasantry. Most dōshin have a second occupation, unless their area of jurisdiction is busy enough that it represents a full-time job.

Hinin assistants, who perform specific duties that are considered inappropriate for samurai, such as handling corpses and torturing suspects in order to obtain confessions.

On occasion, magistrates may also temporarily draft samurai into service as yoriki, or even as formed bodies of troops. This is only done in consultation with local authorities, such as governors and daimyō, and to deal with a specific problem, such as a cult or criminal conspiracy, that poses a threat beyond the magistrate’s capacity to handle alone.

The Judicial Courts
Once a magistrate has investigated a crime, assuming they lay formal charges, the matter is referred to a judicial court. Normally, the most senior magistrate available in the jurisdiction in question convenes such a court and assumes the position of judge for the duration of the trial. If the accused is of particular importance or, in the case of a samurai, sufficiently high status, then the court may be convened by the governor of a holding or even a daimyō. The station of the judge is normally of little consequence, however, because in most cases, the accused has already confessed by the time the trial is convened, either voluntarily or by means of torture. The judge’s role is mainly to lend a weight of formal authority to the proceedings and to pronounce sentence. That said, some magistrates—particularly those drawn from the Kitsuki family of the Dragon Clan—choose to put aside custom and actually sit in judgment against the accused. This is by far the exception, however.

Conduct of a Court
Most judicial courts in Rokugan are ad hoc affairs, held in places that happen to be convenient for the magistrates and witnesses involved, most often the receiving hall in the magistrate’s own home. Only in a few locations—the large cities, such as Otosan Uchi and Ryokō Owari Toshi, and the most important clan holdings—are there are permanently established judicial courts. These generally take the form of an open courtyard with an adjacent shaded dais for the presiding judge, the judge’s sergeants at arms, and the court scribe who records the proceedings. A second, smaller dais for witnesses and their retainers is nearby.

The courtyard, called the “white sands of judgment,” is a flat area of white sand where the accused kneels to face the judge. The sand reflects and intensifies the heat and light of Lady Sun on the accused, symbolizing the ultimate role of the Heavens in over-seeing the court’s judgment. In inclement weather any suitable location can be used, such as a governor’s or daimyō’s court chamber, the grounds of a magistrate’s station, or even a commandeered sake den.

In any case, trials are normally public affairs, unless a particular judge has some reason to close the proceedings

Once the accused is kneeling before the judge—whether upon the white sands of a permanent court or the ground or floor of a temporary one—the scribe reads aloud the crimes of which the defendant is accused, followed by the accused’s confession. The judge may question the accused to clarify points in their confession or to learn more about their character and background. The judge may also allow witnesses to present testimony, which may influence the final verdict. It is at this point that judges who favor the Kitsuki method may diverge from the normal course of a court’s events, examining evidence and sometimes even questioning witnesses. Once all of this is complete, the judge will render a verdict (in most cases, that of guilty) and sentence. The judge’s decision is final, and the sentence is carried out immediately

There is, however, an exception to these procedures when samurai are involved. If there is doubt as to the accused’s guilt, either the wronged party or the accused may challenge the other to a duel. Unless the judge believes the challenge is being issued flippantly or in a desperate attempt to avoid what would otherwise be just punishment—itself a grave offense—they are likely to allow the duel to proceed. Such a duel is normally to first blood, but in especially grave cases, a duel to the death may be permitted. The result of the duel is considered to be the will of the Celestial Heavens and so is considered beyond reproach. If the accused wins, they are considered to have been exonerated and are immediately freed. Should they lose, though, then their guilt is irrevocably established, and whatever punishment applies to the crime is inevitable

Evidence Versus Testimony
In most judicial cases in Rokugan, the only factor that may be considered in addition to a confession is the testimony of witnesses. Reverence for the Celestial Order and recognition of the Bushidō virtues of Honor and Sincerity mean that Rokugani generally consider the testimony of someone with higher status to be “more true” than that of someone of lower standing. This effectively means that only the testimony of the highest-status witness attending the trial carries any weight whatsoever.

In the first few centuries of the Empire, this approach extended to testimony by kami or other spirits, which were often treated as the most influential witnesses by default. However, troubles with relying on the testimony of spirits came to light. Because elemental kami view reality in a way fundamentally unlike humans, their testimony could be vague, perplexing, and ultimately reliant on the interpretation of the intermediary shugenja, whose own biases might color their translation, intentionally or not. This practice of relying on the testimony of spirits changed after an infamous trial over the murder of a well-known general of the Lion clan. A Kitsu Medium summoned the spirit of the victim, who confirmed the Lion’s accusations against a Scorpion samurai. Yet, after this testimony, the Scorpion produced the Lion general, alive and in the flesh. No one can say who or what the Kitsu actually invoked, but it is known that after this trial, Imperial decree forbade the testimony of spirits and other nonhuman entities in trial.

The Kitsuki family, of the Dragon Clan, tend to place considerable weight on evaluating physical and circumstantial evidence, and they may base a finding of guilt at least in part on their assessment of it. This has caused considerable consternation among more traditional samurai. Some particularly staunch traditionalists even refer to it as “blasphemy,” because it implicitly undermines the primacy of the Celestial Order. It also suggests that evidence can outweigh the word of a samurai, impugning their honor and, by extension, Bushidō itself. Accordingly, outside the lands of the Dragon Clan, the use of the Kitsuki method is rare. Even so, to date, neither the Emperor nor the Emerald Champion have seen fit to forbid the practice, so it continues despite remaining a controversial approach to justice

Evidence gained from spirits is inadmissible in most courts, especially those that follow a strict reading of Imperial law. Further, the vagaries of spiritual insight make many lords skeptical of it—after all, the cryptic words of the kami have famously been misinterpreted on several occasion

Rokugani law is largely based upon the testimony of the person with the highest status rather than other methods of determining innocence and guilt. The word of a samurai holds more weight than that of a commoner, so if commoner witnesses insist that a samurai committed a crime but the samurai denies it, the law is on the samurai’s side. Samurai tasked with investigating legal disputes often find justice impeded by the law itself, and must act cleverly to see that the presiding lord comes to the “just” conclusion

[Vutall]

Crimes and Their Punishments
Once an accused person has been found guilty, the judge pronounces sentence, which includes the punishment to be applied. The form of punishment is normally based on the crime committed. It should be noted, however, that the human foibles of politics and favoritism occasionally intrude into the process: daimyō, governors, and other powerful parties may influence sentencing, making it more or less serious if it suits their purposes.

Like trials, punishments are usually conducted publicly as a deterrent to criminal behavior by others.

Crimes committed upward, or against those of higher social rank and against the social order, are taken quite seriously by magistrates. Crimes committed downward, such as a samurai’s theft from a peasant, are rarely investigated unless the peasant has the backing of another samurai. Rokugani criminal justice is based on honor, and considers only one form of evidence to be valid: eyewitness testimony (including confession). Fines, public reprimands, and house arrest are common punishments for samurai—although if there’s any doubt as to the samurai’s guilt, the defendant may challenge the offender to a duel, the winner of which is considered beyond reproach

Minor Offenses
Minor offenses are those conducted by samurai against those of inferior social status or against commoners. They include assault causing harm, including gratuitous or unwarranted harm to a commoner; public brawling; minor property damage; and minor cases of theft or smuggling. In many cases, the perpetrator may simply be ordered to apologize and make restitution to whomever they have wronged. Other punishments can include fines and periods of house arrest

In the case of an offense committed by a samurai against a commoner—even if it would otherwise be considered a serious offense, the magistrate may not even bother with an investigation or may only perform a cursory one and then issue a summary judgment. In this case, the punishment would likely be little more than a requirement to make some sort of token restitution to the samurai of whom the commoner was a vassal. It should be noted, however, that samurai sometimes favor certain of their peasant vassals. For example, a samurai lord may be the patron of a particular artisan, craftsperson, or merchant. If a crime is committed against such vassals by another samurai, and the lord in question is sufficiently influential, the matter may be taken more seriously by the magistrate. It is still unlikely to be considered more than a minor offense, however.

Serious Offenses
Serious offenses by samurai are those that fall short of grave offenses, but still warrant a significant punishment. In general, offenses that occur “upward”—that is, against those of equal or superior social status—fall into this category, while those that occur “down-ward”—by samurai against those of significantly inferior social status or against commoners—are considered minor offenses at worst. Serious offenses by samurai include murder, unwarranted assaults on other samurai that cause serious injury, theft or smuggling of items of significant value or otherwise serious property crimes, and avoiding or escaping lawful custody. Note that a death caused by a lawful duel or dealt to an enemy in time of war is absolutely not a crime, but killing a samurai in an unsanctioned duel, or in one that was intended to be only to first blood, could be considered murder, depending on the circumstances

Grave Offenses
With regard to samurai, grave offenses include crimes committed against the Emperor or their family or against senior Imperial officers such as the Emerald Champion, the Imperial Advisor, Great Clan champions or daimyō, or daimyō of Imperial families or Minor Clans. They also include treason against the Empire and crimes that have an Empire-wide scope, such as involvement in large criminal conspiracies. Being involved in the use of illegal magics and participation in blasphemous cults are also considered grave offenses, as is arson, given the vulnerability of Rokugani towns and cities to fire

The punishment for grave offenses is almost always death. The specific form of execution varies depending on the crime and the character of the samurai convict-ed. For those of otherwise good character, a judge may order a quick death by beheading. A benevolent judge may even allow such an offender to commit seppuku, ritual suicide cleansing their honor and that of their family before they pass into Meido, the Realm of Waiting, for their next judgment. However, for particularly vile offenses and those perpetrated by samurai judged to be morally deficient and without honor, a slow, agonizing death by torture—including burning or boiling alive—may be ordered

As an alternative to death, a samurai convicted of a grave offense may, instead, be cast out of his or her clan and family, becoming a rōnin. To most samurai, this is considered a fate worse than death. To lose one’s clan and family is to lose one’s identity, to slip dramatically in the Celestial Order, and to be consigned to eking out a miserable existence on the fringes of Rokugani society, despised and shunned by honorable samurai of the Empire

For commoners convicted of a grave offense, there is only one punishment: death. The specific form of execution may vary, but is usually brutally swift, such as hanging or beheading. Commoners simply aren’t considered worth the time for more elaborate ends.

A samurai convicted of a serious offense could still face execution. Normally, though, if a judge believes that such a samurai’s death is warranted, the samurai is allowed to commit seppuku. Being cast out as a rōnin for a lesser offense would be extremely unusual. Much more likely punishments include imprisonment, significant fines, a requirement to make restitution to the wronged party, or a public reprimand. In the latter case, a samurai is required to appear in a public place, announce their crimes, and offer an apology to those they have wronged. In a society in which one’s honor and reputation are of vital importance, the seriousness of a public reprimand is considerable

Commoners convicted of lesser offenses still often face execution. However, other punishments are also used, such as imprisonment, public flogging, or a punishment designed to fit the specific crime, such as the loss of a hand as punishment for theft