Wulf Ratbane
Adventurer
But Paladins are also the representatives of law.
Not worldly law, no.
Paladins are not glorified cops.
Now, a lot has to do with how this all plays out in your campaign world.
That has everything to do with it.
But if your world has systems of due process and "innocent-til-proved-guilty" [of a crime, rather than just of being evil], then the Paladin as a lawful person ought to take the matter before the magistrate.
Real-world concepts of justice and due process are as out of place in D&D as dragons and demons are in the real world.
Paladins don't NEED a court to prove to them that someone is evil. That's the point of the ability. They supercede due process by virtue of being agents of the gods themselves.
A world with such an infallible system has no need for due process. The paladin is due process.
For hundreds of years, Trial by Combat was considered due process-- in the real world, by "rational" people. It's the same concept.
For me, as GM or player, I'm far more comfortable with the idea of due process and people being punished for what they DO rather than what they ARE (even if what they *are* is EVIL), and I'd play a Paladin that way.
You don't detect as evil unless you are seriously evil-- evil as defined by D&D:
Mundane or "free willed" evil < Undead < Evil Outsiders & Clerics
You have to dedicate your life and your soul to evil to register as anything more than faintly evil.
If it's anachronistic, so be it. It's my character and/or my campaign.
Yes, it's anachronistic.
More power to you and your game, though!