Rakusho no Goku #23
2011.07.30(Sat)Juuni Kokuki — 十二国記
(The Twelve Kingdoms)
Rakusho no Goku — 落照の獄
(A jail of the declining Light)
By Ono Fuyumi — 小野不由美
Translated by o6asan
And other time, Jokyu(如翕) tried to resist it by insisting on a life sentence.
“If you say repeat offenders are problems, don’t permit releases, I think. Even now, a criminal repeats serious crimes serves virtually a life prison time until his Soboku(沮墨) fading. We punish all criminals who deserve the death penalty by a life sentence. How is this?”
“Do you say we feed criminals like Shudatsu(狩獺) until their death in prisons? You mean we pay their food cost by people’s tax. If the number of criminals like Shudatsu(狩獺) increasing, the food cost increasing unlimitedly. We need the reason, if people pay such cost, why they keep alive, which makes people understand.”
Jokyu(如翕) was at a loss for a word momentarily but talked back instantly.
“How is the possibility of the misjudgment? We always have the possibility of the misjudgment, so we have to leave the chance of the remediation. We require people to shoulder guaranteeing their own right. The misjudgment is the misjudgment, so people don’t know they fall victim to it in any given moment.”
“Well? Can we always remediate it, unless we execute prisoners? I’d like to ask you this, what will prompt us to want to correct our misjudgment?”
“At the time — a prisoner himself appeals ……”
“O.K. If Shudatsu(狩獺) appeals the misjudgment, we will accept it and have a re-trial, right? At that time, will your statement be changed?”
“At the re-trial, we need another Tenkei(典刑), of course.”
“New Tenkei(典刑), new statement? In a criminal trial, can we tolerate the judgment is easily changed by each Tenkei(典刑)?”
Jokyu(如翕) couldn’t answer it. — As a matter of course, Jokyu(如翕) works trials confidently. It’s impossible Jokyu(如翕) could easily changed his judgment because a prisoner himself appealed it was a misjudgment, and it’s a big problem if he could so. New Tenkei(典刑), new statement, which is a sound argument on the surface, but which means Tenkei(典刑)’s judgment is non-objective. To do such a thing is hardly possible for them at all.
“Not to execute for the remediation is kind words, but it is worthless if no actual remediation. For the remediation we listen to prisoners’ appeals carefully, and each time we have re-trials, which works up Shiho(司法)’s burden and pins us down. On the other hand, the chance of the remediation for the misjudgment is inevitably decreasing if making provision for re-trials to reduce the burden on officials. — No, to begin with, misjudgments are supposedly impermissible things. A life imprisonment which has a chance of the remediation blindfolds us and it maybe makes our judgment a half-hearted job. If we are afraid of misjudgments, we use the death penalty and we should decide not to make misjudgment.”
Jokyu(如翕) went silence.
Eiko(瑛庚) shook his head once. He thought Jokyu(如翕) had no chance again. — He felt strange about it.
Eiko(瑛庚) had lived in the world where the ruler(王) disused the death penalty all his life. It’s natural that they disuse the death penalty, and a matter of course punishments are to give wrongdoers an indoctrination. Even when people requested to execute because Shudatsu(狩獺), he believed it was natural to disuse Taiheki(大辟). The problem was its conclusion makes people understand or not, he thought.
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