Yeah what I'd found is this.

reason.com

Who Bears the Burden of Proof in Self-Defense Cases?

Self-defense is an affirmative defense, so the defendant has the burden of producing evidence: He must put on some evidence from which a jury can find

So my understanding right now from both of these is this somewhat varies by state - as you say, it's an affirmative defense, so it does have to be raised, the state doesn't have to prove it if the defendant doesn't even claim it (which wasn't my intention to suggest, but I might have been unclear).

In all but Ohio and SC, the defendant just has to produce some evidence that it was self defense - I'm not sure if just testifying that it was self defense counts as some evidence, but it seems like it would? Once that's done, then the state does need to prove beyond a reasonable doubt that it wasn't.

In specifically Ohio and SC though, the defendant needs to go further and prove by preponderance of evidence (so, half and a feather) that it was self defense. My current takeaway is that I was right except in Ohio and SC, but I would be wrong in those states. Does that match your takeaway?
See above. :V
 
Speaking of which we should probably start at some point reading about the times Jaehaerys held court. At this point in time one of the biggest criticisms someone could make of our judgements that might carry water with others is probably: "The Old King said otherwise!"

In contrast being able to argue that our ruling has basis in prior verdicts passed by Jaehaerys could probably help quiet naysayers.
 
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While I genuinely appreciate your informative and well thought out explanations, we should keep in mind that from a watsonian perspective cases like Martin v. Ohio do not even carry the weight of comparative law.
Sure, but since Martin (George, that is) never worked out what the burden of proving affirmative defenses in the North actually was at any point, since he is [notionally] writing a story and not compiling a set of precedents, British or Scottish common law on the subject is about as close as we're likely to get, unless Teen Spirit tells us what it is in this Quest. And as a description of British common law as of the late seventeenth century, Martin is about as authoritative a source as one can find without spending more time on this quest than is entirely reasonable.
 
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You might need to edit in a 26 size bold font reminding people that we're in Westeros and not in RL. Cause too many voters are saying that an admission from torture isn't valid evidence... despite the setting saying that it is.

Too many people, such as? From a purely watsonian perspective the issue isn't that the armsman's confession was obtained via torture, it's that the forresters were so overeager to get a confession out of him that they killed him outright, denying us the chance to interrogate him ourself. How do we know that if questioned the armsman wouldn't have said that while he worked for the Whitehills, his sabotage of the dam was done entirely of his own initiative for example? We can't, because he's dead, and our ability to personally examine important evidence is gone, and its the Forresters' fault.

Sure, but since Martin (George, that is) never worked out what the burden of proving affirmative defenses in the North actually was at any point, since he is [notionally] writing a story and not compiling a set of precedents, British or Scottish common law on the subject is about as close as we're likely to get, unless Teen Spirit tells us what it is in this Quest. And as a description of British common law as of the late seventeenth century, Martin is about as authoritative a source as one can find without spending more time on this quest than is entirely reasonable.

I'm not sure how comparable even Scottish or British law is to The North, given that the North is right now ruled by fantasy romans/atlantians in the Targaryens. I figure we should let Teen Spirit offer us actions to read up on rulings by Jaehaerys and see what Teen Spirit comes up with for authoritative precedent in case we take those.
 
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You might need to edit in a 26 size bold font reminding people that we're in Westeros and not in RL. Cause too many voters are saying that an admission from torture isn't valid evidence... despite the setting saying that it is.
Legally, yes. It is admissable evidence and standard routine.

But by the same token, there are no procedural court rules, only matters of precedent and tradition, so we can do pretty much whatever. That is part of being in Westeros as well! If we say that evidence is worthless because the questioning was so hard the man died, well, we can in fact do so. That wouldn't be about the ethics of torture then, but purely factually about the reliability of it.
 
In all but Ohio and SC, the defendant just has to produce some evidence that it was self defense - I'm not sure if just testifying that it was self defense counts as some evidence, but it seems like it would? Once that's done, then the state does need to prove beyond a reasonable doubt that it wasn't.
With my complete lack of knowledge of court proceedings, I feel like personally testifying that it was self-defense would not count as evidence
At least not the way this guy is going about it

Like,
"I killed those three men in self defense, my evidence that this is the case is that I said so"
Does not sound right to me

The plea of self-defense surely cannot serve as its own evidence that self-defense was necessary
Surely you'd have to provide some evidence that the other party was the aggressor and you acted in defense of yourself
A record of threatening messages or being stalked, a witness testimony of the altercation, something to that effect
Not just "let me tell you my version of events"
 
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Legally, yes. It is admissable evidence and standard routine.

But by the same token, there are no procedural court rules, only matters of precedent and tradition, so we can do pretty much whatever. That is part of being in Westeros as well! If we say that evidence is worthless because the questioning was so hard the man died, well, we can in fact do so. That wouldn't be about the ethics of torture then, but purely factually about the reliability of it.

Hell, you could even read such a ruling as Rhaenyra complaining about how its the Forresters' fault that Rhaenyra didn't get to torture the armsman to death herself in an attempt to get a more detailed confession.
 
As someone with barely any knowledge of laws or legal proceedings, man you guys sure do say a lot of fancy words.

Either way we're chopping the second dudes head off so i'm happy and we're likely to come off as a strong figure.
 
Westerosi Law is Not Our Law New
Reminder to everyone that Westeros does not abide by our laws and in fact probably has a less defined legal system then Medieval Europe. The Septs have basically had their entire legal system gutted, Valyrians did not bring over the Freehold's laws for the most part either, thankfully, and we are at the height of the law being shaped and bent by the King on the basis of "Fuck you I have a dragon."

Though as a reminder, though we do have a dragon, it is still Viserys who makes the laws so we're not in a position to just be establishing legal precident.

So Torture, perfectly valid means of getting evidence in the eyes of our characters. And what Rhaenyra considers a fair trial and what we consider a fair trial are radically different.
 
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And what Rhaenyra considers a fair trial and what we consider a fair trial are radically different.
Surely it is up to us, the voices in Rhaenyra's head, to collectively decide what Rhaenyra considers a fair trial? We should take into account Rhaenyra's given circumstances when doing so of course (including what precedents if any she is aware of, how bound she feels by them, what principles of justice and fairness she was raised with, and so on). But if these decisions are not up to us, who are they up to—and what is the point of letting us make decisions in judgement events?
 
Surely it is up to us, the voices in Rhaenyra's head, to collectively decide what Rhaenyra considers a fair trial? We should take into account Rhaenyra's given circumstances when doing so of course (including what precedents if any she is aware of, how bound she feels by them, what principles of justice and fairness she was raised with, and so on). But if these decisions are not up to us, who are they up to—and what is the point of letting us make decisions in judgement events?
Rhaenyra is not a hollow meat suit for the voters, we decide the course she takes but we could not for example Suddenly fill her mind with a complex legal framework and her her put it into practice.
 
Rhaenyra is not a hollow meat suit for the voters, we decide the course she takes but we could not for example Suddenly fill her mind with a complex legal framework and her her put it into practice.

True, but I don't think, "It sucks that we can't actually interrogate the perp because you tortured him to death #GetBetterTorturers" is that outside the scope of what she might think?
 
Rhaenyra is not a hollow meat suit for the voters, we decide the course she takes but we could not for example Suddenly fill her mind with a complex legal framework and her her put it into practice.
I don't think we disagree, the questers collectively have freedom to make decisions about what Rhaenyra thinks within the bounds of her given circumstances (culture, knowledge, mindset, etc.) and what you consider reasonable. But that's meaningfully different than saying we don't have freedom. Like, the #GetBetterTorturers point illustrates this nicely. It's a reasonable rule of evidence in Westeros's cultural context and not one Rhaenyra couldn't imagine on her own given her education and way of looking at the world.

Also, "Get Better Torturers" could and should be made a thread tag :V
 
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Thoughts on the rulings:

- confessions under torture are worthless, people will say whatever you want to hear, so the proof of sabotage is nonexistent
- the road might have been built by the kings of winter but it's clearly not currently handled as a Stark road, otherwise they would be the ones collecting tolls to pay for maintaining it
- the road still need maintained and I expect that duty has fallen to the houses it goes through, so zero tolls is unsustainable
- on the other hand, the clearest way to establish you haven't engineered a disaster is to not profit from it overly much. Reducing tolls to support your neighbours until they can rebuild from it rather than profiting from their misery would quell any doubt

Probably reduced toll until the dam is rebuilt in exchange for an apology for the unproven accusations?

Edit: apparently the Boltons maintain the road? If so it's up to them who gets tolled on it.

Anyway I think the current top votes are wrong headed, there's zero proof beyond a convenient story and a confession under torture, which we can't even verify because the witness is dead. It's just as convenient to assume the dam failed naturally and they grabbed a random vagrant to accuse.

Deny us evidence? Make our job harder? Sucks for your case.

Edit: updating to the main vote against the "evidence"

[] [First] Side with House Whitehill, Keep the Tolls in place.

[] [First] Side with the Whitehills and keep the tolls in place. Make it clear to the court that by torturing the sabotager to death the Forresters denied the court the ability to assess his testimony, thus both foiling the court's ability to examine potentially valuable evidence as well as leaving the foresters with no evidence to their claims, forcing you to rule against them.
I sympathize, but in the cultural context we're operating in, the alleged saboteur's confession under torture is considered as a valid form of evidence, fucked up as this may be. Given that in-character logic (Rhaenyra herself would realistically consider this evidence), and the fact that the whole event is kinda sus and it's quite possible that the Whitehills DID sabotage the dam, I proposed 'halfsies' arrangement on damages for the dam rather than charging the Whitehills the full amount. That makes it clear that we're punishing the Forresters for torturing a witness to death, without doing something that would be unrealistically outside the envelope of plausible in-character decisions like "completely ignoring the good reputation of a noble house" or "decreeing that torture is not a valid way to get confessions," awesome though it would be if we could just do those things on the regular.

Could we send him to the wall but only after he has seen to his family's recovery maybe? They'll still struggle but at least they might be through the worst of their current situation.

I don't think I'll win a write in at that point though.

[] [Third] Send him to the Wall
Well, I keep suggesting "compensate the Starks by making him their tenant farmer" as something that largely solves the problem and will seem more merciful than maiming him or sending him to the Wall. But that hasn't got any traction. :(


What kind of logic is this? How are they supposed to prove this?
Well, since they presumably knew before they got here the nature of the accusation, they might reasonably be asked to present, say, a copy of their own records where they list all their armsmen. Then they could say "so, Lord Forrester, what was the name of this supposed armsman of ours who you captured, Joe Smith, oh yeah, we have a Joe Smith and he's still alive." Or they could say "so, Lord Forrester, what was his name, oh, Fred Applebarrel, no, we have no one by that name and never have." And yes, theoretically such documents could be a forgery, but it would be something and their documents are inherently just as credible as the Forresters' account of the torture confession.

The fact that the Lighthills haven't even tried to do this suggests that for one reason or another, they can't even make a credible attempt. Either they know that they don't keep good records of their own armsmen, or they know that one or more of their armsmen have recently deserted or are otherwise unaccounted for making things hard to prove, or it actually was one of their armsmen that did it and know it perfectly well.

In the last of the three cases, I have no sympathy for them at all. In the first two cases I'm somewhat sympathetic, but it's a sad reality that if you keep shitty records and then get called into civil court, you can sometimes lose a case you might otherwise have won.

Theoretically, it's impossible to prove a negative, sure. But the fact that they didn't even try, by the rather loose standards of what qualifies as evidence when presented by a noble in a medieval court, is definitely something that undermines their case within the Westerosi framework.

Yeah the issue is not just that this is a torture confession. It's a secondhand account of one.
The presence of multiple witnesses to the torture confession, including at least one nobleman and also a maester, makes the account we have of the torture confession the Westerosi equivalent of a notarized copy.

We'd be on much better ground to say "the guy you tortured lied to you" than to say "you lied to us about what he said," so the fact that it's a secondhand account of a torture confession doesn't undermine the evidentiary value of the confession any further than "it's a torture confession" already does.

People in general you need to trim down your write-ins a bit. Rhaenyra is very much not a legal scholar and is very much out of her depth in this situation.
Tell you what, if you're willing to hold a second-round vote, I'm willing to trim my write-in. Otherwise, there's a vote fragmentation problem because a lot of people have already voted...
 
It seems that this vote kind of imploded, maybe we should simplify it a bit. There is information that we are missing, for the the whitehills and foresters, so maybe something more in the middle for them.

The merchant well,… he insulted the Targaryens, pass and present, many people say that he lied and threw the first punch, he admitted that he was drunk and kill three men. So death

The law and traditional choice was to cut off the hand and the wall, I say we let the poacher choose his own punishment. This is medieval society so shit happens to families.
 
The case of Argella Durrandon and Orys Baratheon, with the defeated last remaining lady to marry the victor to end the former's line, did show that ending another lineage in a (mostly) non-lethal manner have some precedent, although as far as we know only for foes who don't surrender. That said, Westerosi nobles tend to, ah, kill entire lineages for those who don't surrender
Yes, but when it comes to moderately prominent noble houses, "literally killing the entire family down to the babes in their cradles so no one can inherit that castle" seems to be about as common as "expropriating the family of their ancestral castle." Since the former is kind of shocking and usually only done by lords/kings with a reputation for being rather tyrannical (such as Tywin Lannister), it seems likely that the latter is also seen this way.

I'm under the impression noble testimony is culturally meant to be rock solid on its own. So there's the concern that within Westerosi context saying "hey I can't take your word for it alone, I need to examine it myself" wouldn't be seen as basic common sense but as declaring the Forrester's words have no value in of itself. This could implicitly make them honorless currs with no place in proper society. Of course if Rhaenyra could go "trust but verify, and you haven't passed that bar in this specific case," and have it not seen as outright impugning their honor, just that they messed up here specifically. Then again as noted people changing their story under torture isn't completly unknown--thanks Maegor?--so maybe it could come across more as "yeah no, you fumbled this ball," vs "your word as a sworn noble is invalid."
I mean, for me it's also just that if the alleged saboteur was here, we could go around asking "hey, do you recognize this person," and question the Whitehills themselves, or any number of other people, and maybe ask him some direct questions.

Instead, even granting that the Forresters would never ever tell a lie, the only facts they can attest to are "this guy busted our dam" and "under torture this guy said he was a Whitehill armsman." Since people DO lie under torture sometimes, the evidence for whether the saboteur was actually a Whitehill man is... shaky.

It would be much more convenient to the court if the saboteur was alive and available for questioning, even if the questioning was about something relatively basic like "what is your name, where do you live" and not "confess to your crimes, we know you did it, minions, fetch the thumbscrews, I'll crush it out of him that he did it!"

It seems that this vote kind of imploded, maybe we should simplify it a bit.
What does "we should simplify it a bit" mean in context? Like, asking everyone to switch their votes around to some other idea would be impractical unless Teen Spirit holds a second round of voting with a moratorium for discussion and cleanup of our write-ins.
 
We'd be on much better ground to say "the guy you tortured lied to you" than to say "you lied to us about what he said," so the fact that it's a secondhand account of a torture confession doesn't undermine the evidentiary value of the confession any further than "it's a torture confession" already does.
Killing the witness deprives us of the opportunity to judge his credibility (by examining his demeanor, the candor or evasiveness of his answers, the completeness of his knowledge, any internal inconsistencies in his testimony, etc.) in exactly the same way it deprives us of the opportunity to hear his testimony. And unlike the parties, nobody is vouching, or can vouch, for the truth of what he said. At most the Forresters and their maester can testify as to what he said, and why they believe it. At which point we're several steps removed from any ability to make a credibility determination. So we're once again left without credible evidence for the truth of the matter asserted, beyond the already-admitted word of the parties.
 
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What does "we should simplify it a bit" mean in context? Like, asking everyone to switch their votes around to some other idea would be impractical unless Teen Spirit holds a second round of voting with a moratorium for discussion and cleanup of our write-ins.

If teen spirit is willing sure. If not then that's fair.

Edit, how about someone says what information that we know for certain for the whitehill and forresters, once that baseline is established then we can go to more details, or we can just punish them both in someway.
 
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On the third farming in bond with the watch case - I think the Night Watch Stewards literally do this. This seems unnecessarily complicated for what would probably happen anyway. Like, it's not like the Night's Watch is all Rangers.
The thing is, we know that by the time of Aerys II there are actual peasant families farming on the Gift lands. Maybe at some point in time that was done by the Stewards who actually are brothers of the Night's Watch, but that's not the way it's going to be ~150 years from now in Westeros and I suspect it isn't the way it's done in the game's present moment.

I wonder if next time we do a court turn (either on our progress or standing in for our father or on Dragonstone itself) if it might be worth running it as a series of mini turns? Because dear god this has had a lot of discussion 🤣
I don't think the volume of discussion is the problem, the problem is just that the actual cases were made commendably complicated enough that we have real thinking to do. Which can make it hard to deal with the cases in a way that feels fair just by choosing from one of a short list of canned options. Especially since there are often extraneous factors to consider like "do we want to try and set a precedent that it's a bad idea for a noble to torture peasants to death to gather evidence to use in a civil case against another noble."

"No evidence" is the sticking point here. Westerosi society considers torture to be a valid means of info gathering (sadly this is a brainworm that has survived even to the modern day see Jack Bauer in 24) and considers a noble's sworn word to be evergreen. The write-ins are meant to provide reasoning that doesn't make it look like we're outright saying one noble house are honorless currs who's words are inherently untrustworthy but also try to specifically establish a "you really ought to keep witnesses alive" precedent. Since going full "torture is worthless" would only unite everyone in looking at us like we grew a second head.
It hasn't happened yet in-game, but with our family, that's less out of the question than we'd like. :p

Maybe we would have gotten a confession from him that he also committed the sabotage on Whitehill's order. Once he's dead, that's over in terms of the information you can get from him, which is why the forresters deserve a dope slap for killing him.
Even if we weren't going to torture him, we could at least parade him around WInterfell going "hey, does anybody recognize this guy" and hopefully get independent confirmation that he wasn't lying to the Forresters to make the torture stop.

Man, so tempted to post the "wait, it's all Ohio?" meme now...

Legally, yes. It is admissable evidence and standard routine.

But by the same token, there are no procedural court rules, only matters of precedent and tradition, so we can do pretty much whatever. That is part of being in Westeros as well! If we say that evidence is worthless because the questioning was so hard the man died, well, we can in fact do so. That wouldn't be about the ethics of torture then, but purely factually about the reliability of it.
The flip side of that is that the perceived (not actual) quality of our rulings affects our reputation, and our earliest rulings will have the greatest effect on that reputation. If we seem capricious, if we are too quick or too slow to assign punitive damages, if we outright ignore forms of evidence most Westerosi elites would consider valid, then that undermines our reputation as a judge of law, and maintaining that reputation is a big part of "acting the part" of kingship, which is in turn a big part of how kings (and queens) get to stay kings (or queens).
 
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I sympathize, but in the cultural context we're operating in, the alleged saboteur's confession under torture is considered as a valid form of evidence, fucked up as this may be. Given that in-character logic (Rhaenyra herself would realistically consider this evidence), and the fact that the whole event is kinda sus and it's quite possible that the Whitehills DID sabotage the dam, I proposed 'halfsies' arrangement on damages for the dam rather than charging the Whitehills the full amount. That makes it clear that we're punishing the Forresters for torturing a witness to death, without doing something that would be unrealistically outside the envelope of plausible in-character decisions like "completely ignoring the good reputation of a noble house" or "decreeing that torture is not a valid way to get confessions," awesome though it would be if we could just do those things on the regular.

We can't condemn solely on likelihood based entirely on the fact it happens to benefit them and a secondhand account of a torture confession, which is their word against the Whitehills' for something that's already less than reliable. It's not one good reputation, it's two, but one is accusing of enemy action, which is a big offense, and the other is merely collecting tolls, which isn't much.

And also, we're the princess and going to be queen. We wouldn't be the first westerosi monarch to influence how law is done, and confessions under torture being of dubious informational value shouldn't be too hard to get people to consider (as opposed to morally inacceptable, which I agree is a harder sell).

Personally, I would be really unsurprised if they just grabbed a random guy and pinned the dam failure on him and their neighbors because they were mad at the tolls. And they have no proof otherwise, so it's just word versus word.

I'm under the impression noble testimony is culturally meant to be rock solid on its own.

If it was an accusation against a peasant, for sure. But it's noble word versus noble word here, with their claim being pretty far reaching.
 
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We can't condemn solely on likelihood based entirely on the fact it happens to benefit them and a secondhand account of a torture confession, which is their word against the Whitehills' for something that's already less than reliable. It's not one good reputation, it's two, but one is accusing of enemy action, which is a big offense, and the other is merely collecting tolls, which isn't much.
Well, my own take on the case basically separated the tolls and the dam sabotage.

In the case of the tolls, the Forresters have no evidence at all, not even bad evidence. And our only reason to grant their request that the tolls be canceled would be to in some way punish the Lighthills either for taking advantage of the dam collapse (which they admittedly did) or for causing it (which no one can really prove they did).

In the case of the dam collapse, there's no real proof the Lighthills caused it, but the Lighthills absolutely did seek to profit from the Forresters' misfortune and the Lighthills have done a particularly bad job of clearing their own name of the accusation. They used an oddly specifically phrased oath. "That is not our armsman, and we swear we didn't tell our armsman to sabotage the dam" is much weaker than "we swear that is not our armsman and that we didn't order the dam sabotaged." And on top of that, they don't seem to have made any effort to, say, bring their own payroll records or something to at least try to prove that the saboteur isn't one of their armsmen, when normally that would be a fairly obvious thing to try.

And also, we're the princess and going to be queen. We wouldn't be the first westerosi monarch to influence how law is done, and confessions under torture being of dubious informational value shouldn't be too hard to get people to consider (as opposed to morally inacceptable, which I agree is a harder sell).

Personally, I would be really unsurprised if they just grabbed a random guy and pinned the dam failure on him and their neighbors because they were mad at the tolls. And they have no proof otherwise, so it's just word versus word.
Yeah. The problem is balancing the fact that you're totally right about all of this against the fact that if we just say "Forresters, you have no evidence at all lol," we're setting ourselves up for some problems.
 
Tell you what, if you're willing to hold a second-round vote, I'm willing to trim my write-in. Otherwise, there's a vote fragmentation problem because a lot of people have already voted...
I would hate nothing more than this, Medevil armchair Judges with two paragraph long write-ins happening again for the same cases would be a torture worse than what the armsmen got. every vote option is one or two sentences, i really dont think wrie-ins should exceed thatby much or at all.
 
I would hate nothing more than this, Medevil armchair Judges with two paragraph long write-ins happening again for the same cases would be a torture worse than what the armsmen got. every vote option is one or two sentences, i really dont think wrie-ins should exceed thatby much or at all.
If you give people messy situations where a lot of riding on exactly how they make a decision and why, and then sneer at them for trying to explain why they're deciding what they're deciding, it comes across as kind of absurd.
 
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