I guess it is at the discretion of  judge, but honestly I can see it becoming a full process in it's own. The removal of the autonomy of many indigenous bands is a colonial heritage that may get reversed. So I would consider that sort of a process a distinct form of Trial. 



On Fri, Oct 9, 2020 at 7:06 AM Jeff Zeitlin <xxxxxx@freelancetraveller.com> wrote:
In my next Jotting, I want to discuss trials, both civil and criminal. I
have a decent amount of information on some of the basic forms of a trial,
but what I have quite naturally applies only to Earth history and present
practice.

What I'd like from the Group Mind is pointer to examples in SF of civil or
criminal "trials" that are at variance from the "standard forms" of
Adversarial, Inquisitorial, Combat, or Ordeal.

An example would be the trial by Gowachin Law in Frank Herbert's _The
Dosadi Experiment_, which is superficially an Adversarial "bench trial"
(before judges, not a jury), but where the assumptions, rules, and
procedures are significantly different from the expected norms.

Another example might be the Court of Political Justice on New Texas in H.
Beam Piper's _Lone Star Planet_, where in form it is a standard Common
Law/Adversarial trial of the accused, but in substance, it is in fact a
trial of the victim.

I have no objection to examples not originally written in English; it is
not, in my opinion, unlikely that such fiction is more likely to portray
alternatives based on the Civil Law/Inquisitorial system, as many countries
use that system - none of which speak English as a primary language.
However, I'd want pointers to English translations of anything longer than
a short story (the various on-line translators are generally pretty good -
but copy-paste-copynextchunk-paste-etc. can get tedious).

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