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Thursday, July 21, 2011

Magistrate Course homework 1

Please read the following quote and then complete the assignment below.Trials
Bila Huruma was then hearing cases at law, selected for his attention.
His first case dealt with a widow who had been defrauded by a creditor. The fellow was dragged screaming from the court. His hands would be cut off, as those of a common thief. His properties were to be confiscated and divided, half to the widow and half, predictably, to the state.
The next fellow was an actual thief, a mere boy, who had stolen vegetables. It turned out that he had been hungry and had actually begged work in the gardens of his victim. “No one who wants to work in my ubarate,” said Bila Huruma, “will go hungry.” He then directed that the boy be given work, if he wished, in his own gardens, which were considerable. I supposed that if one did not wish to work, one might well expect to starve. Bila Huruma, I conjectured, was not one to be patient with laggards. Fairness is a central thesis of sound governance.
Two murderers were next brought to him for sentencing. The first, a commoner, had slain a boatsman from Schendi. The second, an askari, had killed another askari. The commoner was ordered to have his fingers cut off and then be put upon a tharlarion pole in Lake Ushindi. That his fingers be removed was accounted mercy on the part of Bila Huruma, that he be able to cling less long to the pole and his miseries be the sooner terminated. He had slain not one of the domain of Bila Huruma but one of Schendi. His crime, thus, was regarded as the less heinous. The askari was ordered to be speared to death by one of his own kin. In this fashion his honor would be protected and there would be no beginning of a possible blood feud between families. The askari petitioned, however, to be permitted to die instead fighting the enemies of the ubarate. This petition was denied on the grounds that he had, by slaying his comrade, not permitted this same privilege to him. This judgment was accepted unquestioningly by the askari. “But am I not of my own kin, my Ubar?” he asked. “Yes,” had said Bila Huruma. He was taken outside. He would be given a short-handled stabbing spear and would be permitted to throw himself upon it.
The next fellow had lied about his taxes. He would be hung, a hook through his tongue, in a market. His properties were to be confiscated and distributed, half to be given to members of his village and half to the state. It was conjectured that, when he was removed from the pole, if he were still alive, he would be more careful in his accounts.
The next to appear before Bila Huruma were two members of the nobility, a man and his companion.. He complained of her that she had been unwilling to please him. By one word and a stroke of his hand between them Bila Huruma dissolved their companionship. He then ordered that the man be put in the dress of a woman and beaten from the court with sticks. This was done. He then ordered that the woman be stripped and a vine leash be put on her neck. She was then sentenced to a barrack of askaris for a year, that she might learn how to please men.
Kisu, the rebel, in chains, was then dragged before Bila Huruma. He was thrown upon his knees. He was sentenced to the canal, to be put upon the rogues’ chain, that he might now, at last, well serve his sovereign, Bila Huruma. Kisu, kept on his knees, was then dragged to one side. Next to approach Bila Huruma was Mwoga, ambassador of the villages of Ukungu, representative of the high chief, Aibu, who had organized the chiefs of Ukungu against Kisu, and deposed him. He presented gifts, skins and feathers, and brass rings and the teeth of tharlarion, to Bila Huruma, and swore to him the fealty of the Ukungu villages. Too, to seal the bonds of these political bargains, he, on behalf of Aibu, offered to Bila Huruma the very daughter of the high chief, Aibu, him self, a girl named Tende, as one of his companions.
 Please write an essay, in traditional format ie introduction, Development and Conclusion, giving your views on sentencing. Include consideration to the fact this is SL Gor, how does that affect sentencing. I want to hear your opinions and maybe a few examples of sentences you might pass.

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