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Zone of truth 5e: Justice system revolution!
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<blockquote data-quote="MNblockhead" data-source="post: 7187135" data-attributes="member: 6796661"><p>In the US, individual judges have discretion over whether or not to allow the results of polygraph tests as evidence in a trial. The decision on whether or not to do so is guided by the <em>Daubert</em> standards and other relevant case law. The reason polygraph-test results are often not allowed as evidence in trial is that they are not entirely reliable. They can be fooled. </p><p></p><p>That said, I find it unlikely that many governments in a D&D fantasy world will follow modern U.S. case law on the admissibility of evidence. Torture has been proven to lead to very unreliable evidence, which, along with it being being considered a violation of human rights, has led to torture being strictly curtailed in modern democracies. How many fantasy governments in the typical D&D campaign are modern democracies? </p><p></p><p>Even if Zone of Truth was not reliable, nearly any government in the typical D&D campaign that has access to it would use it. Just as most medieval governments used torture. </p><p></p><p>This is especially likely as, unlike polygraph tests and torture, Zone of Truth is extremely reliable. You KNOW when it works and when it fails. </p><p></p><p>The one issue I can see with ZOT, however, is that it is the CASTER who knows that it worked and knows whether the target is lying. </p><p></p><p>Therefore, the admissibility of the results of a Zone of Truth spell might depend on the availability of the caster to testify at trial where he would have to face the accused and be subject to cross examination. Of course, this presupposes that a fantasy judicial system would have a concept similar to "hearsay" as used in anglo-american law. They probably don't. But perhaps, for important trials, such as those involving nobels, there may be a requirement for more than one cleric, from different orders who cast ZOT, to help avoid someone bribing the caster.</p></blockquote><p></p>
[QUOTE="MNblockhead, post: 7187135, member: 6796661"] In the US, individual judges have discretion over whether or not to allow the results of polygraph tests as evidence in a trial. The decision on whether or not to do so is guided by the [I]Daubert[/I] standards and other relevant case law. The reason polygraph-test results are often not allowed as evidence in trial is that they are not entirely reliable. They can be fooled. That said, I find it unlikely that many governments in a D&D fantasy world will follow modern U.S. case law on the admissibility of evidence. Torture has been proven to lead to very unreliable evidence, which, along with it being being considered a violation of human rights, has led to torture being strictly curtailed in modern democracies. How many fantasy governments in the typical D&D campaign are modern democracies? Even if Zone of Truth was not reliable, nearly any government in the typical D&D campaign that has access to it would use it. Just as most medieval governments used torture. This is especially likely as, unlike polygraph tests and torture, Zone of Truth is extremely reliable. You KNOW when it works and when it fails. The one issue I can see with ZOT, however, is that it is the CASTER who knows that it worked and knows whether the target is lying. Therefore, the admissibility of the results of a Zone of Truth spell might depend on the availability of the caster to testify at trial where he would have to face the accused and be subject to cross examination. Of course, this presupposes that a fantasy judicial system would have a concept similar to "hearsay" as used in anglo-american law. They probably don't. But perhaps, for important trials, such as those involving nobels, there may be a requirement for more than one cleric, from different orders who cast ZOT, to help avoid someone bribing the caster. [/QUOTE]
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