cthia
Fleet Admiral
Posts: 14951
Joined: Thu Jan 23, 2014 1:10 pm
|
Jonathan_S wrote:The E wrote: Okay, but that opens a whole can of worms.
Consider the situation: At the time of Theisman shooting Saint-Just, the judiciary has been effectively dismantled. What judges and prosecutors there are are mostly rubber-stamping edicts handed down by the government; it has to be assumed that at that point, no independent judiciary exists. Given that, at what point is it possible for Theisman to turn himself in without it being a massive conflict of interest for any judge to preside over his case? If we assume that the Republic of Haven is somewhat analogous to the US in how it organizes its judiciary, appointments for judges are made by the government, which is only in power due to Theisman's actions (and we know that a lot of ranking members of the government consider themselves indebted to Theisman for what he did). For fairly obvious reasons, Theisman can't trust judges appointed by Saint-Just or Pierre, and decades of legislaturist rule make pre-CPS judges equally suspect.
Treason, as you said, must be a crime. No state, no matter how just or tyrannical, can allow its authority to be substantially undercut. However, the sort of treason Theisman or the Valkyrie group are guilty of, with the explicit intent to save their country from the depredations of a corrupted ruler, must be treated with nuance. As people raised in christian environments, we believe in a concept of morality that transcends legal considerations (whether we go by the ten commandments or the universal declaration of human rights doesn't matter), and that occasionally, violating laws in the pursuit of restoring morality is necessary and justified.
What I'm trying to get at here is that absolutist declarations like the one you used in this thread are ... not helpful. In your last post, you are saying that yes, you do recognize that there has to be nuance to this whole process, that judging a traitor is never a completely straightforward affair and that context plays a significant role in how their actions are to be judged. Declarations like yours only invite contradiction, not discussion, and they detract from your overall question, which is actually fairly interesting (i.e. the question of whether or not turning himself in would be a necessary course of action for Theisman).
Or even look at the American revolution. The English courts at least still existed - but I can't see any of the Founder Father's turning themselves over for trial. I guess those courts could have tried them in absentia - but that leaves the real world problem that you can't just ignore this newly independent country that successfully rebelled; and trying the rulers for treason is counter-productive to working with America. And the American courts would be appointed by those same successful revolutionaries - so exceedingly unlikely to tru or convict for treason even if they weren't hopelessly conflicted in their interests. Heck John Adams, later our second president, clearly performed treasonous acts against King and Country (England), yet in 1785, the year after the Treaty of Paris ended the American Revolution he was serving as US Ambassador to the Court of Saint James (Great Britain). Even if Great Britain had been unwilling to break diplomatic protocol to the point of seizing him for treason they would have been well within their rights to refused to accept him as Ambasidor (persona non grata him) had his treason still been an issue with them. And the treaty of Paris itself involved direct negotiations with Great Britain - with the American negotiators including several who'd preformed actions that would have been judged traitorous had the Revolution failed. Again apparently no problem sitting across the table practicing diplomacy with those untried traitors (to take cthia's stated view) Yet apparently nobody involved though the status of whether or not the US Founding Father's were guilty of treason was worth any discussion. (If it has been that would have been a negotiation point in the peace treaty -- but no, everyone involved, France, Spain, the US, and Great Britain all recognized, at least tacitly, that successful revolt had made the question of treason moot and unworthy of mention). What the hippopot am I If Theisman's freedom is contingent upon someone whose only recourse is to compare his deeds to the efforts of a segment of the British population to form an independent government outside of the British government and outside of Britain - effectively exiling themselves, then either he better fire his legal team pronto and represent himself or pray that he has as golden a view from the stalag as Michelle Henke was afforded by Pritchart! ****** * FYI only and to illustrate that there is no season for treason. Note that Kings, Queens, dictators, Countesses and the like are not immune from the long armed claw of the law. Note also there is one acquittal, William Blizzard. Germany- Adolf Hitler, for his role in the Beer Hall Putsch in 1923
- Marinus van der Lubbe, for high treason and arson in the Reichstag fire case, in 1933
- Sophie Scholl, Hans Scholl and Christoph Probst in 1943 for their involvement in the anti-Nazi White Rose movement
- Ulrich Wilhelm Graf Schwerin von Schwanenfeld (1902-1944), a key conspirator in the failed assassination attempt in the July 20 plot in 1944 on Hitler's life
- Claus Schenk Graf von Stauffenberg, for the attempted assassination of Hitler in the July 20 plot in 1944
- Günter Guillaume, Private Secretary to then-chancellor Willy Brandt, and his wife Christel Guillaume, both officers of East German Staatssicherheit, in 1975
- Clyde Lee Conrad, former US Army NCO, the only person to have been handed down a lifetime sentence for treason by a court of the Federal Republic of Germany, in 1990
- Klaus Kuron (de), counter-intelligence officer with the Bundesverfassungsschutz who had spied for East German Staatssicherheit, in 1992
United States- Philip Vigol and John Mitchell, convicted of treason and sentenced to hanging; pardoned by George Washington; see Whiskey Rebellion.
- John Fries, the leader of Fries' Rebellion, convicted of treason in 1800 along with two accomplices, and pardoned that same year by John Adams.
- Governor Thomas Dorr 1844, convicted of treason against the state of Rhode Island; see Dorr Rebellion; released in 1845; civil rights restored in 1851; verdict annulled in 1854.
- John Brown, convicted of treason against the Commonwealth of Virginia in 1859 and executed for attempting to organize armed resistance to slavery.
- Aaron Dwight Stevens, took part in John Brown's raid and was executed in 1860 for treason against Virginia.
- William Bruce Mumford, convicted of treason and hanged in 1862 for tearing down a United States flag during the American Civil War.
- Walter Allen was convicted of treason on September 16, 1922 for taking part in the 1921 Miner's March with the coal companies and the US Army on Blair Mountain, West Virginia. He was sentenced to 10 years and fined. During his appeal to the Supreme Court he disappeared while out on bail. United Mineworkers of America leader William Blizzard was acquitted of the charge of treason by the jury on May 25, 1922.
- Herbert Hans Haupt, German-born naturalized U.S. citizen, was convicted of treason in 1942 and executed after being named as a German spy by fellow German spies defecting to the United States.
- Martin James Monti, United States Army Air Forces pilot, convicted of treason for defecting to the Waffen SS in 1944. He was paroled in 1960.
- Robert Henry Best, convicted of treason on April 16, 1948 and served a life sentence.
- Iva Toguri D'Aquino, who is frequently identified with "Tokyo Rose" convicted 1949. Subsequently, pardoned by President Gerald Ford.
- Mildred Gillars, also known as "Axis Sally", convicted of treason on March 8, 1949; served 12 years of a 10- to 30-year prison sentence.
- Tomoya Kawakita, sentenced to death for treason in 1952, but eventually released by President John F. Kennedy to be deported to Japan.
List of people convicted of high treason in England before 1 May 17071283
- Dafydd ap Gruffydd, Prince of Wales
1305 - William Wallace
1381 - John Ball
1405 - Richard le Scrope, Archbishop of York
1478 - George Plantagenet,1st Duke of Clarence, for plotting against King Edward IV of England in 1478
1495 - Sir William Stanley
1499 - Edward Plantagenet, 17th Earl of Warwick
- Perkin Warbeck
1521 - Edward Stafford, 3rd Duke of Buckingham
1535 - Thomas More, Lord Chancellor
1536 - Anne Boleyn, etc. - Anne Boleyn,Queen
- George Boleyn, 2nd Viscount Rochford
- Sir William Brereton
- Mark Smeaton
- Sir Henry Norris
- Sir Francis Weston
1537 - Pilgrimage of Grace - Sir Robert Aske
1541 - Catherine Howard, etc. - Catherine Howard, Queen
- Thomas Culpeper
- Francis Dereham
1549 - Kett's Rebellion Persons convicted for their involvement in Kett's Rebellion: - Robert Kett
1553 Jane Grey, etc. - John Dudley, 1st Duke of Northumberland
- Lady Jane Grey
1554 - Wyatt's Rebellion - William Thomas
- Henry Grey, 1st Duke of Suffolk
1572 - Ridolfi plot See Ridolfi plot: - Thomas Howard, 4th Duke of Norfolk
1586 - Babington plot Fourteen individuals were executed for their involvement in the Babington plot. Person convicted include: - Sir Anthony Babington
- Mary, Queen of Scots
- Chidiock Tichborne
1601 - Essex Rebellion - Robert Devereux, 2nd Earl of Essex
- Henry Wriothesley, 3rd Earl of Southampton
1603 - Main plot Persons convicted for their involvement in the Main Plot include: - Henry Brooke, 11th Baron Cobham
- Thomas Grey, 15th Baron Grey de Wilton
- Sir Walter Raleigh, executed 1618
1605 - Gunpowder plot - Robert Catesby, John Wright, Thomas Wintour, Thomas Percy, Guy Fawkes, Robert Keyes, Thomas Bates, Robert Wintour, Christopher Wright, John Grant, Ambrose Rookwood, Sir Everard Digby and Francis Tresham, for the Gunpowder Plot
1649 - Charles I, King of England, Scotland and Ireland
Regicides of Charles I See List of regicides of Charles I Tonge plot
1680 - Popish Plot Persons implicated in the alleged Popish Plot: - William Howard, 1st Viscount Stafford
1683 - Rye House Plot Those convicted in relation to the Rye House Plot include: - William Russell, Lord Russell
- Elizabeth Gaunt
This list is incomplete; you can help by expanding it. Alphabetical list A
B - Anthony Babington (1586) (Babington Plot)
- Anne Boleyn, Queen (1536)
- George Boleyn, Viscount Rochford (1536)
- Sir William Brereton (1536)
- Henry Brooke, 11th Baron Cobham (1603) (Main Plot)
C - Charles I, King of England, Scotland and Ireland (1649)
- Thomas Culpeper (1541)
D - Francis Dereham (1541)
- Robert Devereux, 2nd Earl of Essex (1601) (Essex Rebellion)
- John Dudley, 1st Duke of Northumberland (1553)
E
F
- Guy Fawkes (1605) (Gunpowder Plot)
G - Elizabeth Gaunt (1685) (Rye House Plot)
- Henry Grey, 1st Duke of Suffolk (1554) (Wyatt's Rebellion)
- Lady Jane Grey
- Thomas Grey, 15th Baron Grey de Wilton (1603) (Main Plot)
- Dafydd ap Gruffydd, Prince of Wales (1283)
H - Catherine Howard, Queen (1541)
- Thomas Howard, 4th Duke of Norfolk (1572) (Ridolfi Plot)
- William Howard, 1st Viscount Stafford (1680) (Popish Plot)
I
J
K - Robert Kett (1549) (Kett's Rebellion/Norfolk rebellion)
L
M - Thomas More, Lord Chancellor (1535)
N - Sir Henry Norris (1536)
O
P Edward Plantagenet, 17th Earl of Warwick (1499)
Q
R - Sir Walter Raleigh (1603, executed 1618) (Main Plot)
- William Russell, Lord Russell (1683) (Rye House Plot)
S - Mark Smeaton (1536)
- Edward Stafford, 3rd Duke of Buckingham (1521)
- Sir William Stanley (1495)
- Mary Stuart, Queen of Scots (1586) (Babington Plot)
T - William Thomas (1554) (Wyatt's rebellion)
- Chidiock Tichborne (1586) (Babington Plot)
W - William Wallace (1305)
- Perkin Warbeck (1499)
- Sir Francis Weston (1536)
- Thomas Wintour or Winter (1605) (Gunpowder Plot)
- Henry Wriothesley, 3rd Earl of Southampton (1601) (Essex Rebellion)
This list is incomplete. .
Last edited by cthia on Fri Mar 31, 2017 5:44 am, edited 6 times in total.
Son, your mother says I have to hang you. Personally I don't think this is a capital offense. But if I don't hang you, she's gonna hang me and frankly, I'm not the one in trouble. —cthia's father. Incident in ? Axiom of Common Sense
|