
knightstar4 |

In the process of creating a new nation in the game world I'm running, I've had to put some thoughts to the laws and punishments of the land. For murder, all possessions acquired, distributed to next of kin of victim/s and death by crucifixion.
But wait, a player character was murdered. They caught the murderer and instead of killing them, they gave the murderers to the authorities and had their companion raised.
Well, he was killed, so that goes under that law, but he was raised, so that makes a little quirk for the law doesn't it?
So how do you think the ability to resurrect someone would effect the laws of the land in general, let alone other magic abilities that would change normal circumstances for consequences of actions and punishments for them?

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I faced this issue ALL the time on RPG servers on Neverwinter Nights.
The answer is, has the victim died? Ie Were they a corpse before the performance of any magic?
If the answer is yes. Its murder. Same with an attack that damages someone before a cure spell is used.
Not everyone can afford healing or raise services. Thats just the individuals good fortune.
If the murderer was the one to make the restitution by casting the restoration/raise spell before being arrested or charged and claims the death was an accident? PREHAPS a lesser charge.
NO ONE knows how it affects the soul of the person and their standing with their deity or god of the dead or what harm is visited on the person from the experience. That also needs to be taken into account.
I'd expect magical investigation and testimony gained by zone of truth would be standard process if the world was around Golarion level magic rich.

Eridan |

I'd expect magical investigation and testimony gained by zone of truth would be standard process if the world was around Golarion level magic rich.
Are you sure ? If magical investigation, detect magic, scrying etc. are standard .. protection against this kind of anti crime should be standard too. :)

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While an argument could be made for reduced severity (such as attempted murder vs. successful murder), the mere fact that the damage done was repaired doesn't change the crime in itself.
Looking at real-world examples, if I was to beat someone to hospitalization and the person makes a full recovery - its still a crime. I am not only obligated to pay for the hospital bills and lost income, I get taken to task for the act itself.
Because it's, i don't know, maybe corrosive to a civilized society? ;)

Liam Warner |
Well as this thread has more replies than the other one, duplicated? I'm reposting my answer here.
In my games there's never been a hard and fast set of laws but some examples to help you out. These aren't all in the same kingdom obviously just different examples of what someone might do.
General Rules
1) If magic is used to undo a crime e.g. repairing a broken object, raising the dead etc the crime is still counted as having happened and thus a person can be held accountable.
2) If magic is used to secure a conviction it must be cast by a court appointed mage, magic cast by a normal member of the populace is not admissable in a court of law.
3) Magic can only be used by those who have been officially liscened, unlawful mages face fines for a first imprissonment and death for a second. Liscences are awarded for specific fields e.g. battle, construction, healing etc.
4) Magic is an abomination unto god and anyone suspected of possesing it is stripped of all rights and sentenced to death.
Resurection and Property
1a) A person who is judged to have "died" has a period of X amount of time to present themself before a magistrate of the king/queen/emperor before their property is distributed in accordance with their will.
1b) The time they have to present themself depends on their duties. An adventurer who will be in far off locations with unreliable communication will have the most time 6 months to a year. A member of the local court with important duties such as the king themself will only have a day or two as someone has to take over the duties.
2) A line of succession must be maintained and thus a person who is resurected is only able to claim their possesions, title etc if special dispensation is given by a local court official as normally all these things pass on to the next of kin.
3) A person who is resurected is counted as undead and has no rights and should be killed as soon as possible.
Punishments
1) Those who have commited class 1 crimes are punished by mundane means. Class 1 crimes are the "low" crimes of a realm stealing a loaf of bread to feed your starving family, mugging someone for loose change etc Those who have commited class 2 crimes are punished by magical means. Class 2 crimes are the "high" crimes of a realm. For example using magic in a theft, abusing a noble etc. The disctinction here is less a matter of degree as a matter of the potential risk in dealing with the being. If someone mugged a young prince out on the town by slamming a sock with a half brick into the back of his head it'd be a class 1 because it used solely mundane means. If the prince was robbed by mind controlling magic it'd be a class 2 crime because mundane means can't be used to deal with him.
2) Magic is used in all punishments a person who abuses the orphans under their care is turned into a kid and treated the same way. A man who rapes a woman is turned into one.
3) Magic can be used to undo or nullify most punishments e.g. regrowing a hand severed for thievery so all crimes from the most minor to the most severe all receive a universal imprisonment as in the spell or having their soul ripped out and kept in a gem tossed into in a room full of them so no one can be sure they've got the right one.

Wriggle Wyrm |

I think either way has the potential to make a mockery of the law.
Let the murderer off the hook or with I lighter sentence and anyone can commit heinous crimes, so long as the victim’s family is rich enough to have the spell cast.
Charge the murderer under the full force of the law and it creates a contradiction were the by definition “dead” person is not in fact dead. Then there’s the double standard between semi-immortal rich folks and everyone else.
Of course there is also the easy way out. It can be that the authorities just don’t believe the PC’s. All they have is the PC’s word and how could he have been killed when he’s clearly still walking around?

Tiny Coffee Golem |

The ability to keep people dead it the trade of the Red Mantises and it's why they do so well for themselves.
Also, If I were going to murder someone in magic world I'd at least get rid of (ie burn) the body to make the raiseing harder.
if I had the magic to do so I'd trap the soul to keep them dead. Or not kill them and just hide their body in stasisi somewhere.

spectrevk |
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The ability to keep people dead it the trade of the Red Mantises and it's why they do so well for themselves.
Also, If I were going to murder someone in magic world I'd at least get rid of (ie burn) the body to make the raiseing harder.
if I had the magic to do so I'd trap the soul to keep them dead. Or not kill them and just hide their body in stasisi somewhere.
The question of murder in a world where resurrection exists is covered pretty thoroughly in Steven Brust's Dragaeran series (Taltos, Jhereg, et. al.)
Basically, standard killing is considered a warning. You kill a guy to show that you can get to him, so when he gets rezzed, he knows he has stepped on the wrong toes. Killing someone so they stay dead requires destroying their head or hiding their body long enough that the soul departs the plane. And then there's "Morganti", a class of soul-eating weapon that delivers a complete, unalterable death that bypasses the afterlife entirely. Morganti is not used lightly, not even by the most vicious of people.

knightstar4 |

I think for murder we will go for confiscation of all assets to be applied towards resurrection and lost income. Any left over goes to the state (to prevent pinning murders on rich folks to get all their stuff). The murderer is put to death. If there are not enough funds to perform a resurrection, including that of the deceased and or their survivors, then none is performed.
Thus leading to life insurance with resurrection clauses, but then I already have that in a neighboring empire.
Note of course that many people might not want to come back, and are happy where ever they ended up. One of the reasons why many of the families of victims would not wish a resurrection to be performed.

Alitan |

Actually, the Jhereg novels cover the GAMUT of magical crime issues; House Jhereg is the organized crime syndicate of the Dragaeran Empire, and the 'Left Hand' of the Jhereg specializes in magical crime, or using magic to aid mundane criminality.
...and don't forget, spectrevk, even a "standard" killing would be thoroughly investigated by the Empire, regardless of whether the victim were revivified or not.
But do check into the Jhereg novels if you want some ideas, knightstar4; the 'actual' laws are buried in storytelling, but they're GREAT stories.

Dorje Sylas |

Helaman wrote:Are you sure ? If magical investigation, detect magic, scrying etc. are standard .. protection against this kind of anti crime should be standard too. :)I'd expect magical investigation and testimony gained by zone of truth would be standard process if the world was around Golarion level magic rich.
A good point to bring up. This assume that magic has a counter spell possible. This is not always the case. Unfortunately in way the rules help structure the world there are spells that do indeed act as a counter to Zone of Truth.
Protection from ALIGNMENT and Magic Circle against ALIGNMENT. Now the down side to these is that generally speaking these will be Chaotic or Evil spells and will show in a detection spell. The way to counter that is to build them into an item that with Magic Aura on it... but now we are starting to see a not insignificant investment in resources.
The counter to such an item(s) would be a tradition of wearing the ceremonial court toga (more like loin cloth), where all participants strip and don said toga/loin-cloth plus remove all jewelry. "All are bare before the eyes of the gods." Now we're getting silly. ;P
A Zone of Truth is not fool proof as people can resist it's effects (make their save) or try to dodge questions, so a skilled interrogator would still need to "Sense" their motive as well.

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This reminds me of a scene I once saw in a crime drama. Two detectives were having a thought experiment. One posits that he tries to murder a man by sneaking into his house when he's sleeping. Only when he delivers the deathblow, the victim doesn't react. Turns out he died in his sleep before the murderer even got there. So then, is the "murderer" guilty of anything?
The answer is yes-- attempted murder. Trying to kill someone is a crime, regardless of whether or not you actually succeed. Granted, in that example the killer failed because his victim was already dead, and in this one he failed because the victim continued to live after the fact, but that doesn't change the fact that a murder was attempted.
Attempted murder rarely gets the death penalty, even in jurisdictions where successful murder would. But usually the jail time is long enough that you don't really get to do much else with your life.
My biggest question is how invisibility affects the law. I see you become invisible, and then a guy over there falls over dead, or starts yelling that his coinpouch is gone, or whatever. It's pretty obvious what happened, but even though I witnessed the crime, I can't prove it was you. Does invisibility just completely spit on the concept of "reasonable doubt"? If I walk into a jewelry store and cast invisibility, is that right there proof of malicious intent?

Liam Warner |
This reminds me of a scene I once saw in a crime drama. Two detectives were having a thought experiment. One posits that he tries to murder a man by sneaking into his house when he's sleeping. Only when he delivers the deathblow, the victim doesn't react. Turns out he died in his sleep before the murderer even got there. So then, is the "murderer" guilty of anything?
The answer is yes-- attempted murder. Trying to kill someone is a crime, regardless of whether or not you actually succeed. Granted, in that example the killer failed because his victim was already dead, and in this one he failed because the victim continued to live after the fact, but that doesn't change the fact that a murder was attempted.
Attempted murder rarely gets the death penalty, even in jurisdictions where successful murder would. But usually the jail time is long enough that you don't really get to do much else with your life.
My biggest question is how invisibility affects the law. I see you become invisible, and then a guy over there falls over dead, or starts yelling that his coinpouch is gone, or whatever. It's pretty obvious what happened, but even though I witnessed the crime, I can't prove it was you. Does invisibility just completely spit on the concept of "reasonable doubt"? If I walk into a jewelry store and cast invisibility, is that right there proof of malicious intent?
Its suspicious anyway. Of course you could have convulated plots as in I under a see invisbility spell as part of said Jewelry Store's hired security saw the whole thing outside the store.
Person A: Turned invisible and snuck up intending to Kill person B.
Person B: Sensed them, turned invisible and ran for the edge of the marketplace.
Person A: Followed the cries of pain trying to catch them and missing as they couldn't see them stabbed person C by accident.
Meanwhile a young urchin lifted the coin purse from person D before heading to that apple cart and took an apple that was apparently rotten before being tossed into the nearby alley by an annoyed storeholder.
Now if you would kindly leave the jewelry store as we have rules against invisibility. Points to nearby sign . . .
The Store reserves the right to refuse service to anyone under the effects of invisibility or shapechange magic.

The Jade |

This reminds me of...
TANGENT alert. My apologies.
Hey, buddy. I looked up your name on FB but we have no mutual friends, so I couldn't tell which account with your name was you (the profile pics that popped were no help). I'm Rone Barton on FB. Let's try that. Great meeting you this weekend.

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If an assassin or executioner in a world full of ressurection spells wants to keep someone dead, soul trapping magic or whatnot is the ridiculously expensive solution, compared to placing a tiny dab of green slime on the corpse and having it utterly devoured over the next several rounds.
And, if not green slime, for some specific reason, there's other options, like russet mold, that do the same thing. For legitimate executions, fire and acid work fine, and are safer to keep around than a tub of green slime.
Chopping up the victim and stuffing them into a storage device (handy haversack), or casting shrink item on the body and taking it away and feeding it to a bunch of feral hogs or something also works, at a much reduced cost over disintegrate or whatever.
It's not quite as easy as 'the old days' when you could polymorph someone into a goldfish and then swallow them, but it's certainly easy enough.
For the true fanatics, the ideal master plan is to cosmetically disguise an imposter as the victim, kidnap or kill the victim and leave the dead imposter in his place, to be ressurected by his allies and proceed to take over the victims life.
"Have you noticed that good King Chauncy has been a bit off since he returned from the great beyond?"
"They say that death changes a man..."
Ressurection magic doesn't have to be a problem, it can be a storytelling goldmine of opportunities.

Foolish Frost |
May I point out, are you wanting a series of laws and punishments that met out justice, or revenge?
Keep in mind the attitude of the people making the laws.
As to magic being used in law enforcement, you need to figure out who is paying for it. The king's treasury? Taxes? Merchant guild? How much? How much magic is available? Can they only afford magical forensics for murder? And rape? and major theft? And petty theft? How about heresy?
Event after that is decided, are there any laws protecting the rights of the citizen? Can he be questioned without recourse? Can he be magically interrogated? If he's innocent, but they find out about other crimes, can he be prosecuted?
What ARE crimes? Is the winner of a formal dual guilty of murder? Is spanking your child an act of vile assault? Is rape fine, so long as it's a slave?
Laws can be a lot of fun, but they get complex fast.
As to death penalty and resurrection, how about a nice theatrical idea: Execute them, burn them, put ALL the ashes in an urn, put it in the vault for the next year. That takes care of raise dead. Fun fact, if somebody with Resurrection spells wants to revive the person, you have more important issues to deal with. Like your city being burned down by armies of religious followers for killing somebody that important.
And another thought: If they have the resources to be Resurrected, WHY ARE THEY STILL CAPTURED? Can you think of a single reason NOT to sweep in, take him back while still alive, and use those same resources to prevent his death in the first place?
Just wandering through, pay no attention to the Fool!

moon glum RPG Superstar 2015 Top 8 |
In the process of creating a new nation in the game world I'm running, I've had to put some thoughts to the laws and punishments of the land. For murder, all possessions acquired, distributed to next of kin of victim/s and death by crucifixion.
But wait, a player character was murdered. They caught the murderer and instead of killing them, they gave the murderers to the authorities and had their companion raised.
Well, he was killed, so that goes under that law, but he was raised, so that makes a little quirk for the law doesn't it?
So how do you think the ability to resurrect someone would effect the laws of the land in general, let alone other magic abilities that would change normal circumstances for consequences of actions and punishments for them?
How you want to have your nation punish murder should be based on the kind of nation you want to create, not on what would be most just (which has been a matter of debate throughout the history of human civilization).
One interesting idea is as follows. Suppose this nation is some sort of plutocratic theocracy, and there were a lot of clerics around. The church wants to seem both good and merciful, but the priests have a lot of political power and each one wants to get rich. So, when someone is accused of murder, they have to pay to have a speak with dead spell cast on the victim's body to exonerate them (or pay to have discern lies cast, which is more expensive anyway). If they refuse, they are treated as though guilty. If they are guilty, they have to either pay for the best resurrection spell they can afford + a fine, or work it off as a indentured servant (i.e. slave).
Other crimes are treated similarly, with the accused forced to pay clerics to cast divination spells to exonerate them.
Rich criminals are allowed to repeat offend, because then they will end up paying the clerics more money.

OldManAlexi |
A wizard casts Suggestion to get a barbarian to kill a local lord. The barbarian is caught standing over the newly dead corpse. If the Suggestion spell is discovered, what are the barbarian and the wizard charged with? Can criminal charges be brought against the barbarian for, essentially, failing his will save?
Now, assume the Suggestion spell is somehow discovered after the barbarian is put to death for murder. Is there any obligation to resurrect the barbarian?

SlimGauge |

At the very least, the wizard is guilty of Incitement. Doesn't even matter if he used magic or not.

Dabbler |

I would say that if you try to kill somebody, and they end up not dead, it's attempted murder, not murder. The modern parallel is that somebody who is clinically dead can be resuscitated in a modern hospital. That they were dead for a few minutes is not enough to charge murder, they have to actually die and stay dead.
In the case of suggestion and other magics, if their use can be proven then the question is how much the murderer was inclined to kill anyway? Suggestion works by suggesting a 'reasonable' course of action, therefore what was on the barbarian's mind that made murder seem reasonable? He is at least in part culpable.
If, for example, the suggestion was that the person to be murdered is about to attack the barbarian, and that person then rushes in with a drawn weapon, well then in the barbarian's mind they are just defending themselves.
On the other hand if the suggestion was that the barbarian kill them over a minor disagreement, and the barbarian does so, they are far more culpable as they were initially inclined to kill anyway.
However, all this talk of forensic magic is perhaps beside the point. Only a few hundred years ago a trial did not hinge on evidence, it hinged on character. If you could produce enough people to say you were of good character and would not have committed the crime of which you were accused, you could walk free regardless of the actual evidence. The only exception was if you had been caught red-handed.
In a world in which the gods have a direct hand, such methods as 'trial by water' could actually work; alternatively the god of justice may grant his priests a means of discerning the truth by magic with much smaller chances of failure. The case of presenting evidence may not exist because the judging High Priest just has to cast a spell to witness the events himself - and end of problem.
As for sentences, these would likely be harsh. The less resources a society has, the more likely it is that punishments like lashings, amputation and execution will be used instead of imprisonment. Again, magic can supply other punishments like a geas or other compulsion to perform a service in restitution for minor offences.

Liam Warner |
A wizard casts Suggestion to get a barbarian to kill a local lord. The barbarian is caught standing over the newly dead corpse. If the Suggestion spell is discovered, what are the barbarian and the wizard charged with? Can criminal charges be brought against the barbarian for, essentially, failing his will save?
Now, assume the Suggestion spell is somehow discovered after the barbarian is put to death for murder. Is there any obligation to resurrect theu barbarian?
Offhand the barbarian gets off Scott free and the wizard us charged with murder using a barbarian. Actually had something similar in a manga I was reading recently where a mage cast a beserk spell on a party member to overcome her dislike of hurting people. His opponent was horrified as he'd "turned her into an animal." While he claimed he'd just made her an a grade killing machine.

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Again, magic can supply other punishments like a geas or other compulsion to perform a service in restitution for minor offences.
The infinite versatility of bestow curse could allow for a sentencing authority to entertain customized punishments suggested by the wronged parties.
Calistria folds her hands primly and beams a beatific Mona Lisa smile at the notion of a family squabbling over which calculated eternal torment is most suitably cruel to the slayer of one of their kinfolk...