These are relevant references from the Books where Guilty is mentioned.
I make no pronouncements on these matters, but report them as I find them.
Arrive at your own conclusions.
I wish you well,
If found guilty in the court of the arsenal, the male thief would be sentenced, for a week to a year, to hard labor in the arsenal or on the wharves; the female thief would be sentenced to service, for a week to a year, in a straw-strewn cell in one of Port Kar's penal brothels.
"I did not know you had a brother," I said.
"He once betrayed me," said Msaliti. "I arranged that he appear guilty of a violation of state trust, and had him slain for treason against the Ubarate."
"What do you think should be her punishment?" asked Callimachus of me.
"If she is guilty," I said, "whatever you wish, as she is a slave." This was in full accord with Gorean law. Indeed, anything, for whatever reason, or without a reason, may be done to a slave."
"You were, several months ago, were you not, found guilty of certain alleged commercial irregularities in the city of Corcyrus, and banished for a time from the city?"
"Yes," said Speusippus.
"As the reports have it," said Miles, "you were marched naked from the city, before the spears of guards, a sign about your neck, proclaiming you a fraud."
"Yes," said Speusippus, angrily.
"Who found you guilty, and pronounced this sentence?"
"Sheila, the Tatrix of Corcyrus," said Speusippus.
Sometimes, in certain cities, free women, found guilty of crimes, are sentenced to the baths, to serve there as bath girls, subject, too, to the disciplines of such.
"You have been found guilty of treason against your city, and are under sentence of impalement," said Aemilianus.
"Lift your head," said Aemilianus.
She did so.
"You have been found guilty of treason," he said, "and sentenced to impalement. By the power that was vested in me I did this. By the same power, I now rescind the sentence of impalement."
"You are guilty of collusion in the escape of a prisoner," said the officer of Treve.
In some cities, free women found guilty of criminal offenses are remanded to Port Kar, with the understanding that they will be branded and collared, and used as urt girls.
"In Sybaris," I said, "I urged the surveillance of the tavern, The Living Island, the proprietor of which is a man named Glaukos. I gather that nothing came of your investigations in that quarter."
"Nothing came of them, as I expected," said Nicomachos.
"Unfortunate," I said. Certainly I did not find this outcome surprising. What other result is expected when guilty parties investigate themselves?
Decimation is a harsh military punishment, one usually inflicted on troops which have failed to follow orders, have exhibited cowardice in the face of the enemy, and such. It can be imposed in a variety of ways. The troops deemed guilty of insubordination, cowardice, or such are divided into groups, commonly of ten, but sometimes less or more. Most commonly a gambling takes place, with cards, marked stones, a drawing of straws, and such. The man who loses in the gambling is then put to death by his fellows. Commonly this is done with stones or clubs, so that the observing troops, better armed, can enforce the killing, and kill the entire group, should the 'guilty group' be recalcitrant or reluctant to carry out the decimation, which reluctance, incidentally, seldom occurs.
I did not doubt that mercenaries had been guilty of destroying the instrument, probably before Tarchon's very eyes, before his impalement.
"When one is guilty, a trial is a waste of time," said a man.
"Will there be a trial?" I asked.
"She is guilty," said Thurnock. "What need is there of a trial?"
"I understand," she said. "And if I am not Talena?" she asked.
"That would be most unfortunate," he said. "You would then be guilty of attempting to defraud the state of Cos and would be cast naked to the eels in the palace pool."
"What is this nonsense about being innocent until proven guilty?" asked Hemartius.
"Surely you might be guilty before being found guilty, and might be guilty after you had been found not guilty."
"Legally innocent and legally guilty," I said, "which might be quite different from being actually innocent or guilty."
"What seems interesting to me," said Hemartius, "in your barbarian view of law, as you explain it to me, is the presumption of innocence. What sort of legal system would accept that as a presumption? Unless we suppose that judges, attorneys, courts, and such, are incompetent, or corrupt, a defendant would not have been charged and brought to trial in the first place, not unless there was a presumption of guilt. Thus, having been brought to trial is, in itself, evidence that one is presumably guilty. Else why bother with a trial, at all?"
"Thank you, Counselor," said Decius Albus. "Your point is well taken. Many, of course, who consorted with the enemy and exploited the city were, as you know, apprehended and punished, often by impalement. And many who were proscribed fled and are still at large. Indeed, earlier we had thought, mistakenly, that Seremides of Ar was one of those. We need now only for our jury to render its correct and righteous verdict, guilty, namely, that Talena of Ar was implicated in such crimes. That is sufficient. We need not even recognize that she was, as she obviously was, the most heinously guilty of all the traitors and strangers who degraded and looted our beloved Ar."
Hemartius turned about, disconsolately, and rejoined me, seating himself behind the table for the defense.
"I am sorry," he said.
"You did well," I said.
"Noble jurors," said Decius Albus. "You may retire to consider your verdict."
"Guilty! Guilty now!" cried hundreds of the jurors. "Guilty!" cried hundreds in the stands.
"No, dear fellow citizens," said Decius Albus, holding up his hand. "Do not be hasty! Let not the Tarns of Justice descend too eagerly! You must deliberate, carefully, patiently, thoughtfully, and earnestly, before rendering a verdict."
"No!" cried many in the orchestra area and in the tiers. "No need! Guilty! Guilty! Guilty now!"
"But," said Decius Albus, "the fires are not yet lit, the irons are not yet red, let alone white. The knives must be sharpened, the needles and splinters aligned, the vials of dripping acid are not yet filled. After the verdict is rendered, tomorrow, then the weeks, the months, of torture, may begin."
"It is not in dispute that the prisoner is a slave," said Decius Albus. "Too, it is not in dispute that the slave is the former Talena of Ar. And it is not in dispute that the former Talena of Ar, as the court established, was a traitress, and guilty of numerous crimes. What is in dispute is the ownership of the slave. Considering the obscurities appertaining to that question, a ruling, and one on behalf of the state, is in order."
"The woman is a traitress," said Alan, "duly tried and found guilty in a court of law, and is thus subject to suffering the consequences of her crimes. Your transparent machinations, I assure you, will neither slow nor quicken my blade."