Crime and Punishment

Crime and Punishment

Since Valaisien society is, at heart, communal and familial, one of the biggest motivators for “proper behavior” is shame. Everybody in a community usually knows everyone else, so keeping a crime secret is almost impossible. Add to that the constant gossiping, especially at feasts, and everybody knows everybody’s business. To compound the difficulty, what would a thief do with the stolen goods? Most people in the village will recognize something unique and other communities will consider a stranger looking to fence something with suspicion and probably send him packing.

That’s not to say that crime didn’t occur. When a person wants to accuse another of a crime they are advised to do so publicly. The accused and accuser appear before a court of their free neighbors. Evidence isn’t as important as a person’s character and the number of good character witnesses which can be called. In most cases, someone with a bad reputation will be found guilty, regardless of whether or not they committed the crime whereas a well-regarded, important member of society will most likely be found innocent.

Another important element in determining guilt is whether or not the crime was committed in secrecy or in public. A crime committed in secrecy is more heavily punished than one committed in public. Burning a man’s trees is worse than chopping one down, because fire burns silently, while anyone nearby can hear an axe. If a man kills a thief and publicly proclaims it, the victim’s family has no redress, but if he hides the killing, the relatives can bring him to court.

Restraint is also taken into account. If a person resists the temptation to become involved in violence, the person who showed restraint is eligible for compensation. The visibility of the damage is also a factor. A person injured in such a way that scars are left visible is eligible for more compensation than someone whose scars are easily concealed.

Lifegold (Vie d'Or)

Lifegold, the value placed on a person, is one of the cornerstones of Valisien law. A person found guilty of murder is responsible to pay the victim's worth--their lifegold--to the surviving family. If the victim is noble or royal, there may well be other punishments, but the lifegold is the minimum due. Depending on the time and place, a person’s lifegold varies, but it is always directly tied to the person’s status in society.

Station	Lifegold (Shillings)	Payable to
Volgare	60	Surviving Family
Peasant	100	Surviving Family
Venerati	500	half to family, half to Pentic Church
Thane	1,000	Surviving family
Royalty	30,000	half to family, half to the people

If the offender is unable to pay, he or she can work off the debt as a slave to the surviving family. It is assumed that a slave is worth approximately 5 pence per week, so the term of service is rounded to 5 years for a volgare victim, 7 years for a peasant victim, 35 years for a Venerati, and a lifetime of servitude for anyone higher. In some cases, a perpetrator who cannot pay may be allowed to escape slavery by pledging themselves by "taking the lay orders" and pledging themselves to the service of the Church, though this is considered a lifelong commitment and should it be broken, the offender is automatically declared an outlaw and can be killed on sight.

Adjudicating Court Cases

If PCs find themselves embroiled in a court case it is handled through a formalized Social Conflict between accuser and defendant, or their spokespersons. The case should be broken down into several phases:

1. First phase: stating of the accusation and the primary defense; both parties make an opposed Persuasion rolls to determine the initial strength of their case.
2. Second phase: calling upon historical precedent, wording of laws, and noble edicts; both parties make Academics rolls.
3. Final phase: the accused and accuser make a opposed Performance rolls to sway the judge and the jury to their favor.

The winner of the Social Conflict wins the case (unless there are nefarious motives at work).

Crime and Reparations

Here are several crimes and their associated punishments. Some of the crimes are duplicates—the GM will pick the one most fitting.

Crime	Fine in Pence
Fighting in a Monastery	120
Fighting in a Public Business	60 to Business, 60 to Crown
Fighting in a Private Home	6 to Owner, 120 to Crown
Break into a Sovereign's Manor	120
Break into a Church	90
Break into a Business	30
Break into a Person's Home	15
Incest	Loss of all possessions
Adultery	60
Burn a Person's trees	120
Chop down a Person's trees	90
Kill a commoner	Person's lifegold
Kill a goblin	60
Quarrel while drunk	30
Theft	Branding
Assault a Noble	Loss of hand
Assault a Commoner	30
Rape	Immolation
Illegal Carrying of Arms	120, then loss of right hand
Illegal Bearing of Harness	120, then slavery
Slander	40, then loss of tongue
Treason	Breaking on the wheel
Kill a noble	Death
Calling on Dark Powers	Death

Punishment

The most common form of punishment is a fine. The guilty party can pay a rate based on the lifegold of injured party or a set fine. Given the high fines, most are paid in goods, however slavery is also a possibility for the loser.

It’s up to the winner in the case to ensure payment of fines; no court system exists to act as an intermediary in the payments. The parties agree upon the terms of payment, usually not to exceed one year from the date of the judgment. Failure to pay can result in the confiscation of goods or even a blood feud.

Mutilation and Execution

After the Carolingian Era (~800CE) mutilation and execution became more common punishments. If a person is mutilated for their crimes they must be abandoned for three days. If after that time the person is still alive, friends and families may give aid.

Executions are performed in public. They can range from immolation to decapitation, slitting the guilty party’s throat, or tossing them off a cliff. The body of an executed person is never burned, but always buried face down in unconsecrated ground with his hands tied behind his back. If he’s decapitated, his head is placed between his legs.

Outlawry

An outlaw is someone stripped of all their legal rights. This means they can be killed with impunity and without the fear of retribution. Anyone who aids an outlaw also runs the risk of being outlawed himself.

Outlawry is usually reserved for repeat offenders but can be levied on a first offender if the crime is particularly heinous.

Feuds

The blood feud comes into play when a murderer refuses to pay lifegold. Protracted blood feuds can wreak havoc on a society, so there are laws in place to curtail them. Around 940, Empress Joviane insisted that the relatives of a man killed unlawfully could only legally extract vengeance on the killer himself and only if the killer and his associates were unable to raise the lifegold after a year of trying. In addition, anyone who legitimately killed someone as part of a blood feud would only be admitted to the king’s presence if he carried out penances.

The vengeance seekers must also announce their intentions to their target. Secret or sudden vengeance on an unsuspecting man was not legally tolerated. In theory, a blood feud should end after the first legitimate vengeance killing. In practice, blood feuds degenerated into a tit-for-tat bloodletting that can span generations.