Bonfire of the “Elites”

In today’s somewhat morose worldbuilding thoughts inspired by real-world events (in this case, the Harvey Weinstein affair, along with an endless parade of abuse-of-power stories courtesy of Sheriff Joe, the Chicago City Council, the Arizona Dept. of Corrections, etc., etc.), one really does have to wonder what the judicial death toll is among the powerful so-called “elites” when the Empire annexes or protectoratizes somewhere less, um, serious about notions like the rule of law, the equal protection of same, and actually meaning what it says about Liberty and Justice for All.

“All debts must be paid.”
– official motto of the Curia

“I approve this message.”
– Tywin Lannister

 

libertyandjustice

This image inserted to lighten an otherwise serious post.

 

After all:

  • The Ministry of Harmonious Serenity doesn’t care whether you want to press charges or not – it might, assuming you are mentally competent, concede that you have a right to waive weregeld and reparation owed to you, but you can’t forgive a crime against the Contract and the Charter, since you don’t have standing to do so;
  • You can’t bullshit an alethiometer, and its measure of truth has nothing whatsoever to do with your “credibility”, relative or otherwise;
  • The cyberjudicial AI may Know Who You Are, but to its intellect vast and cool and unsympathetic and defined by the predicates of the law, Who You Are means exactly nothing;
  • (You can’t bribe it, either – and even if you could figure out a way to, it couldn’t accept it since its entire decision process is entered into the publically-auditable court record.)
  • Nor does it give freebies based on your career prospects, talents, pretty face, or supposed one-offness of your special crime – or, indeed, any other circumstances. You can plead duress or justification if those apply, which will be taken into account, but the algorithm was written with the Equal Protection and Application of the Law in mind, and Thus Hath No Fucks To Give about anything that doesn’t bear directly upon the events in question.
  • And there is no pardon power to be wielded on your behalf, since – for the same reasons as the victim cannot forgive a crime – it can’t exist; holding office by virtue of a Mandate descending from the Contract and the Charter, even the Imperial Couple and the unanimous Senate in all their majesty and dignity lack standing to pardon crimes against them.

Basically, should you call down upon yourself the attention of the mills of justice, they grind exceedingly fine, and they aren’t terribly slow about it, either.

“What’s the difference between God and the Curia?”
“God forgives.”
– overheard in an Encystment Facility

This is, for those counting non-Utopian features, accounted horrific by everyone who is very keen on Justice in the abstract, but are substantially less so when the prospect of their own actions being judged according to an objective standard of such might actually be realized.

(The Empire finds this position about as eye-rollingly contemptible as that of all the people who are very keen on Liberty in the abstract, as long as no-one actually uses it for anything they disapprove of or don’t understand.)


In terms of more serious dark sides, however, there is one, and it’s called misprision of felony.

For those not familiar with the term in its Earth context, it was a common-law offence making it a crime to fail to report knowledge of a felony to the appropriate authorities; exceptions being made for close family members of the felon and where the disclosure would tend to incriminate the reporter of that offense or another. It’s also currently been mostly dropped except for people who have a special duty to report a crime.

The Imperial version is essentially the same, but without the exceptions – because so far as it is concerned, upholding the law is a duty that comes along with being a citizen-shareholder, and mere sentiment does not foreclose that.

Now, by and large, the Empire has – in its own territories – much, much less of a problem with people coming forward about these things, because the justice system has the reputation that it has for delivering on its promises. (And also because the general public doesn’t have its head wedged firmly up its ass, culture-wise.)

But where and when that doesn’t happen –

Yes, it is possible (and it has happened) for the victim of a crime to be charged with misprision of felony for not reporting it. Because as stated above, you don’t have standing to forgive crimes against the Contract and the Charter, and by allowing the perpetrator to escape justice – and thus be free to prey on your fellow citizen-shareholders – you’re violating the Responsibility of Common Defense.

This stringency is, of course, horrible.

It’s just also… just.

The just heart is always cold.
– traditional, source unknown

Trope-a-Day: Computerized Judicial System

Computerized Judicial System: The technical term is cyberjudiciary, incidentally, just as the computerization of much of the executive branch’s working end is cybermagistry.

Of course, it’s easier when you have artificial intelligence, and so your computers are entirely capable of having experience, a sense of justice, and common sense. It’s just that they can also have no outside interests and indeed no interests (while in the courtroom) other than seeing justice done, be provably free of cognitive bias, and possess completely auditable thought processes, such that one can be assured that justice will prevail, rather than some vaguely justice-like substance so long as you don’t examine it too closely.