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Samaels Ghost
Can what a Magician sees in the astral be recorded via a Simrig?

If not, what other alternatives do mages have for making a permanent record of astral signatures?

If there is no way, as I suspect is true, I see magical crimes being very hard to prosecute. The word of the forensic assenser would be the only magical evidence that links the criminal to the crime, and that's a dangerous road. Assensers would be bribed all the time. They could probably even get someone convicted that wasn't gulity. Even if mulitple assensers have to testify....

How does law enforcement handle the recording of and prosecution based on magical evidence?
RunnerPaul
QUOTE (Samaels Ghost)
Can what a Magician sees in the astral be recorded via a Simrig?

As far as I know, astral perceptions have never been recordable with simsense technology. The closest they come is to record the physiological changes caused by changes in the subject's emotional state, but without perceptual cues to give those emotions context, a sim recording of someone astrally projecting comes across like a recording of a blind/deaf/comatose person on a cocktail of mood altering drugs.

I believe one of the sourcebooks detailed a way to capture auras on film, but I forget which one. One of the SotAs maybe? I seem to recall it wasn't particularly reliable, but I may be mis-remembering entirely.
Brahm
It was indeed one of SOTAs, and it was the old style still cameras that are purported to be able to capture current day 'auras'. But in fact it is just visual artifacts of the crappy old tech.

Of course this means that only still photos of very stable phenomina can be photographed this way.

QUOTE
How does law enforcement handle the recording of and prosecution based on magical evidence?

Similar as to what happens today in many other fields. Expert witnesses who communicate with others in the trade using some sort of specialized techincal shorthand notation, AKA jargon, to describe what they 'see'. Sort of like shorthand for the spirit formula of a spirit's True Name.
TonkaTuff
Somewhat interestingly, the blurb in SotA 64 also says that they'd determined that Kirlian photos were also legitimate recordings of astral phenomena. Which, given the technique employed, could have some interesting implications regarding the intereaction of Mana and good ol' mundane electricity.

The use of manual cameras in astral photography also offers some interesting possibilities - for instance, building a free-standing camera obscura and taking large-scale astral photos of power sites, cities, corp holdings, etc. Or the liberation of same from those who already thought of it.
Smokeskin
QUOTE (Brahm)

QUOTE
How does law enforcement handle the recording of and prosecution based on magical evidence?

Similar as to what happens today in many other fields. Expert witnesses who communicate with others in the trade using some sort of specialized techincal shorthand notation, AKA jargon, to describe what they 'see'. Sort of like shorthand for the spirit formula of a spirit's True Name.

This doesn't work, the defense won't have any chance to examine the evidence.

Astral clues will have to be handled like any other officer testimony that can't be proven afterwards, like accounts of what an officer heard or saw the accused do. Astral clues will count somewhat, but it won't be hard evidence.
JRDobbs
I don't think Simrig recording was addressed in SM (mind you, I only scanned through it last night....yum....), but I would argue that Simsense recordings should work if the magician has payed for the simrig with essence. Now, would a mundane brain be able to process the simsense signal to understand what it was like to astrally percieve/aura read? Probably not--the psychic sense parts of the brain which allow mages to view the astral may simply not exist in mundanes. YMMV.
Westiex
It may simply be used to link crimes together, or provide leads for the police to track.
Brahm
QUOTE (Smokeskin @ Aug 9 2006, 12:50 AM)
QUOTE (Brahm @ Aug 9 2006, 07:06 AM)

QUOTE
How does law enforcement handle the recording of and prosecution based on magical evidence?

Similar as to what happens today in many other fields. Expert witnesses who communicate with others in the trade using some sort of specialized techincal shorthand notation, AKA jargon, to describe what they 'see'. Sort of like shorthand for the spirit formula of a spirit's True Name.

This doesn't work, the defense won't have any chance to examine the evidence.

Astral clues will have to be handled like any other officer testimony that can't be proven afterwards, like accounts of what an officer heard or saw the accused do. Astral clues will count somewhat, but it won't be hard evidence.

That is what I mean. They are likely to be experts in the field that are witnessing, that of observing and perhaps even interpreting astral phenomenon and signatures. Their court recognized training/testing would give them that standing, which of course the defense can attempt to challenge. Their testimony, potentially including field notes, avidavits, filed reports, etc., are the evidence. The defense of course gets to see the documents in advance, outside of perhaps their own personal notes, and then cross-examine during trial.
hobgoblin
and the defense may well call in their own experts to go over the evidence.

and i guess it would be more CSI then grunt cop with a gift...
Brahm
QUOTE (hobgoblin @ Aug 9 2006, 09:17 AM)
and the defense may well call in their own experts to go over the evidence.

and i guess it would be more CSI then grunt cop with a gift...

A 'grunt' cop with a gift might give testimony, or even awakened bystanders. However I would imagine that would end up with dueling interpretation experts taking the stand. I imagine that most Awakened cops would have at least a rudimentary training course to help punch up their credibility, as well as actually assisting in investigations.
James McMurray
There's also the issue of "does everyone see auras the same?" IIRC there are no rules regarding what an aura looks like, just what can be read from it and whether it is recognizable or not. If traditions, or even worse people without regard to tradition, see auras differently then their admissability as evidence goes away almost completely.

Also, most courts in SR will not be of the "innocent until proven guilty" variety. Corporate courts will most likely be dictatorships. Lone Star courtrooms might be more fair, but there is always an eye towards what the city officials that pay the bills want to see (more convictions faster). This would hold doubly true for crimes committed by the SINless.
Smokeskin
There is no evidence for the experts to battle over. You don't have blood spatter photos or autopsy recordings or any sort of tangible evidence. You only have the testimony from the astral cop, since there is no astral evidence that can be gathered and the defense can have an expert go over. An astral cop saying he saw the accused's signature at the site doesn't have any actual proof, you only have his statement, with the possibility of human mistake or dishonesty giving the defendant the benefit of the doubt.

Btw, do Lone Star also run the courts? If so, only criminal court or is it all legal functions?
Brahm
QUOTE (Smokeskin @ Aug 9 2006, 09:39 AM)
There is no evidence for the experts to battle over. You don't have blood spatter photos or autopsy recordings or any sort of tangible evidence. You only have the testimony from the astral cop, since there is no astral evidence that can be gathered and the defense can have an expert go over. An astral cop saying he saw the accused's signature at the site doesn't have any actual proof, you only have his statement, with the possibility of human mistake or dishonesty giving the defendant the benefit of the doubt.

They can give a description of the signature or phenomenon, explaining what they noted and the matching features that form the basis of that opinion, as long as the opinion doesn't fall into the realm of speculation for his given level of court recognized expertise. This would be particularly important for matching spell signatures and such together and to a person.

The experts get to duel over the interpretation of what he describes. It is like getting to the scene and noting the size and location of blood splatters before a rainstorm washes them away. The direct witness might not have standing with the court to interpret the splatters, but his testimony still becomes evidence, and then dueling blood splatter experts come in to talk about what the witness's observations mean.
hobgoblin
the tradition aspect i guess is why hermetic is a school like tradition.
there people are trained to read auras the same way, with defined ways of describing them.

therefor a expert from the defense could read over the hermetics description of the aura (or maybe see a still of the scene of crime taken with the camera runnerpaul talked about) and then compare said description with the defendants aura, and give testimony on the interpetation.
James McMurray
I wasn't thinking about reading them differently, but perceiving them differently. Perhaps Joe sees anger as dark red because that's typical, but Steve sees anger as a murky brown because his dad was always an angry whiskey drunk (which also pissed off Steve).
Brahm
QUOTE (hobgoblin @ Aug 9 2006, 09:49 AM)
the tradition aspect i guess is why hermetic is a school like tradition.
there people are trained to read auras the same way, with defined ways of describing them.

All you'd need would be some standardized test. It is like worrying if everyone sees the color 'red' the same. It doesn't really matter, all you need to do is prove you can reliably identify tones and hues.

It is like the 1 day course for becoming a legal witness to air stack particulate emissions. They've got a little portable air stack mockup on a trailer with a gas flame running at the bottom. They then introduce material that comes out as particulates at the top and you have to read the opacicy with your eyeball at the correct location of the plume. You do that a number of times and if your recorded observed readings fall within a certain margin of error you can give testimony that has an expert witness standing in regards to polution.

I had this myself at one time, but let it lapse because I ended up in a different field that I didn't need it. So it wasn't worth the hassle and cost of getting recertified.
Samaels Ghost
Do you think that thoughts obtained by Mind Probe are admissable in court?
Brahm
QUOTE (Samaels Ghost @ Aug 9 2006, 10:34 AM)
Do you think that thoughts obtained by Mind Probe are admissable in court?

I'm pretty sure there was a thread or two around here, likely in the Shadowrun forum, speculating about that. I seem to remember the thought line that it might fall under the 5th Amendment, but at the least would require a warrant. It should be noted that that assumes a Constitution or laws in place in whatever jurisdiction that are similar to the US Constitution. Which may or may not be the case, as the US is no more. For the USCA Canada, the 'C' part, has a similar legal concepts. But when you get some folks together to write out a Constitution it's hard to say WTF you'll come out with, and then you'll have court interpretations of that.
Moon-Hawk
I'm pretty sure an old SR book said exactly that. I'm thinking maybe Awakenings, but I'm not sure. Basically, mind probe is self-incrimination and is inadmissable.
Sorry, I don't have a page reference or quote.
Smokeskin
We'll probably be facing technological mind-reading in the courts very soon if not already.

I believe there is already a (although very limited) mind-reading device in existance already - basically if you see something you've seen before, your brain accesses memory and gets a "hit", which gives a significantly different pattern of brain activity than if you don't recognize what you see. Show a suspect pictures of the crime scene, victims etc. and you'll be able to see if his brain has encountered it before. This is believed to be consistently accurate, ie very few false positives or negative (compared to current lie detectors that give a lot of false "lie" readings). AFAIK this is currently being evaluated by a US court to determine if it is admissable.
Moon-Hawk
Sounds like a 5th amendment violation to me.
Of course, it'll probably be like a lie detector. They can't force you to take one, but you can elect to take one, and if you refuse then they get to speculate about why you might've refused.
Smokeskin
Regarding mind probing being legal:

- Probably the mind prober can't help but get to see a lot of other and very personal stuff about the person - unless there's some way around this I don't see it becoming legal.

- get accused of a crime and get your mind read. I don't see this getting allowed at all. Popular opinion and civil rights groups would go crazy if something like that was introduced.
Brahm
Of course in the 6th world people that go crazy like that tend to die in accidents like slipping in the shower and falling on bullets.
James McMurray
"But Officer, he tripped and fell onto my knife."

"37 times"

"Yeah, crazy ain't it?" <slips him a certified credstick>

"Yeah, that is crazy. You're free to go."
hobgoblin
the lawfullness of mind probes in court seems to vary from nation to nation. the UCAS dont as they have that old USA 5th stuff going. but some NAN and maybe the tir's do.
Geekkake
QUOTE (Brahm @ Aug 9 2006, 10:49 AM)
QUOTE (Samaels Ghost @ Aug 9 2006, 10:34 AM)
Do you think that thoughts obtained by Mind Probe are admissable in court?

I'm pretty sure there was a thread or two around here, likely in the Shadowrun forum, speculating about that. I seem to remember the thought line that it might fall under the 5th Amendment, but at the least would require a warrant. It should be noted that that assumes a Constitution or laws in place in whatever jurisdiction that are similar to the US Constitution. Which may or may not be the case, as the US is no more. For the USCA Canada, the 'C' part, has a similar legal concepts. But when you get some folks together to write out a Constitution it's hard to say WTF you'll come out with, and then you'll have court interpretations of that.

This is specifically addressed in Street Magic. Aura reading and mind probe evidence are inadmissable as violations of the 5th Amendment. Astral signatures, however, are as accepted as DNA and fingerprints. Spirit testimony is also inadmissable.

[edit]: In the UCAS only, of course. Other jurisdictions without the Bill of Rights and views on magic naturally have other laws.
hobgoblin
QUOTE
Spirit testimony is also inadmissable.


dont know if this is in street magic, but the spirit (or ghost) can still lead you to some other source of evidence even if any testimony from it isnt valid.
Geekkake
QUOTE (hobgoblin)
QUOTE
Spirit testimony is also inadmissable.


dont know if this is in street magic, but the spirit (or ghost) can still lead you to some other source of evidence even if any testimony from it isnt valid.

That's true, but that's during a police investigation. You have to find admissable evidence once the spirits lead you to it. Though it's not specifically stated, I'd also venture to guess that if a spirit indicates you, the police, should enter someone's property, the spirit wouldn't qualify as probable cause for a warrant.
James McMurray
That depends. If a drug sniffing dog would count as probably cause, a spirit could too. Whether it would or not would depend on the court.
Michael Tree
QUOTE (Geekkake)
Aura reading and mind probe evidence are inadmissable as violations of the 5th Amendment. Astral signatures, however, are as accepted as DNA and fingerprints. Spirit testimony is also inadmissable.

I'm surprised that aura reading is inadmissible. In the awakened world, any number of astrally percieving people might see your aura while you walk down the street, so you wouldn't have any any expectation of privacy in it. It's more analogous to something in "plain sight" that's limited to the subset of the population who have astral perception. It's also a bit like a drug-sniffing dog catching your scent, which isn't a 'search' as long as the police dog had a right to be where it was when it smelled you.
James McMurray
It's probably the vast number of mundanes that would rise up and lobby against the "invasion of privacy" that aura reading causes. A drug sniffing dog happens by accident (or at least the cop could argue that it did). Reading someone's aura is almost always a purposeful act.
Brahm
QUOTE (Geekkake @ Aug 9 2006, 01:49 PM)
This is specifically addressed in Street Magic.

I hadn't even made it through that Awakened World section yet, thanks. For those interested in more details check out the left side of page 14.

P.S. It does specifically mention CAS as well.
Dread Polack
I think an Awakened Forensic Investigator would be handled as an "expert witness."

First, he would have to be verified as awakened and possesing the the ability to astrally perceive. I would imagine the various national and international magical associations and universities have a system to accredit such people. If a certificate can be presented to a judge, and any objections by opposing coucil resolved, the witness' testimony would be allowed.

At that point, the witness swear the standard oath, and present the jury with his observations and interpretations. I'm sure he would give examples. "I perceived black specks in his aura in [a certain] part of his head, which corresponds with a sim module running in hot mode 98% of the time. I am certain of this," and so on.

From a jury's point of view, in the case of DNA evidence, and other scientific evidence, the word of the witness has to be taken, and trust in the fact that the witness is reliable.

I think even in 2070, different judges would be more or less likely to allow that kind of testimony, and of course, the same goes for the jury.

Dread Polack
Geekkake
QUOTE (Michael Tree)
QUOTE (Geekkake)
Aura reading and mind probe evidence are inadmissable as violations of the 5th Amendment. Astral signatures, however, are as accepted as DNA and fingerprints. Spirit testimony is also inadmissable.

I'm surprised that aura reading is inadmissible. In the awakened world, any number of astrally percieving people might see your aura while you walk down the street, so you wouldn't have any any expectation of privacy in it. It's more analogous to something in "plain sight" that's limited to the subset of the population who have astral perception. It's also a bit like a drug-sniffing dog catching your scent, which isn't a 'search' as long as the police dog had a right to be where it was when it smelled you.

In that case, the aura reading may be acceptable probable cause for an on-the-spot inspection by a police officer. Note that trial evidence and (official, legal) police procedures aren't even remotely similar, sometimes. The drug sniffing dog's handler may testify that the dog was showing significant agitation regarding a citizen's bag, giving the officer probable cause the search the bag on the spot. Inside the bag, of course, was five pounds of coke. The coke goes into evidence. During trial, the officer's testimony regarding the dog and the acquisition of the drugs serves mostly to explain to the jury that the search and seizure of the drugs was performed legally, and within the suspect's rights. It's not evidence against the suspect for drug possession.

Replace the dog with someone who reads auras.
Geekkake
QUOTE (Dread Polack)
I think an Awakened Forensic Investigator would be handled as an "expert witness."

First, he would have to be verified as awakened and possesing the the ability to astrally perceive. I would imagine the various national and international magical associations and universities have a system to accredit such people. If a certificate can be presented to a judge, and any objections by opposing coucil resolved, the witness' testimony would be allowed.

At that point, the witness swear the standard oath, and present the jury with his observations and interpretations. I'm sure he would give examples. "I perceived black specks in his aura in [a certain] part of his head, which corresponds with a sim module running in hot mode 98% of the time. I am certain of this," and so on.

From a jury's point of view, in the case of DNA evidence, and other scientific evidence, the word of the witness has to be taken, and trust in the fact that the witness is reliable.

I think even in 2070, different judges would be more or less likely to allow that kind of testimony, and of course, the same goes for the jury.

Dread Polack

As stated in my previous post, I think the aura reading would be sufficient to search the suspect for hot-sim-capable hardware or software. Possession of an illegal implant or hardware is the actual charge, and the item itself is the evidence against the person, seized in their possession. The testimony of the aura-reader is mostly describing how they found it.
Dread Polack
QUOTE (Geekkake)
As stated in my previous post, I think the aura reading would be sufficient to search the suspect for hot-sim-capable hardware or software. Possession of an illegal implant or hardware is the actual charge, and the item itself is the evidence against the person, seized in their possession. The testimony of the aura-reader is mostly describing how they found it.

I concur. As far as the investigation goes, it would serve as probable cause, assuming the awakened officer was certified in some way.

I imagine an awakened officer would be quite an asset to a police force. They'd probably be promoted pretty quickly. I wonder, though, how many awakened people would be inclined to take on a career like that, as opposed to other uses of their gifts.

Dread Polack
Smokeskin
QUOTE (Dread Polack)
From a jury's point of view, in the case of DNA evidence, and other scientific evidence, the word of the witness has to be taken, and trust in the fact that the witness is reliable.

There is a world of difference between

a) a mage witnessing that he saw an aura signature matching the accused. It is a non-trivial perception test and may require memory test, so subject to human error. There is no way for the defense or anyone else to verify the claim, so subject to the witness' integrity (conscious or unconscious).

b) a CSI testifying that he performed a DNA-match. This is performed by a machine under laboratory conditions with little to no risk of error. The original gathered evidence is in storage, and can be tested by the defense if they wish to do so. The witness is running great risk by lying since he can't claim he just remembered it wrong and it is very easy to prove that he testified false.

a) is just a witness statement. b) is not just a witness statement - it is hard evidence. The defense can't argue that hard evidence is false based on witness mistake or integrity, the only way to counter hard evidence is by having another expert analyze the evidence, and with most hard evidence there is only a very narrow margin for interpretation. Giving the defense the ability to repeat the analysis makes all the difference.

Of course there is the matter of tampered evidence, but this is very rarely accepted in court unless there is actual evidence of the tampering or the evidence is found to be somehow inconsistent.
Dread Polack
You're right, but that's why I said "from the jury's point of view." Unless you're an actual genecist with access to the evidence for your own testing, you have to assume that the court made sure the witness was reliable.

With magic, it's a lot harder to prove he's not making it all up, but I think there would be a process for coming reliably close. If not, then I assume the judge would not allow it.

Dread Polack
Smokeskin
It's the same as today. If all you have is a cop saying "it was really dark but I'm sure it was the accused I saw fleeing from the scene" (the equivalent of a 3 hits required test) then most likely you won't get a conviction. If you have other evidence, like several supporting witnesses, or circumstantial like motive, means, and opportunity, then you might get a conviction even without hard evidence.

Getting the witness to pick them out in a line up also supports the statement in a substantial way. I could imagine that standard procedure would be to get a 2nd mage to project to the crime scene and look at the signature, so one could look for the suspect and the other could pick him out from a line up once he is caught.
Slithery D
Handle signature identification like eye witness identification of a perp from a line up. The defendant (and maybe some other magicians) casts a spell, the forensic magician says, yep, that's the signature I saw at the crime scene.

I would imagine the evidenciary weight of a signature ID should be less than that given to an eyewitness ID (which should be less than jurors actually give it). After all, the defense can always claim that an initiate faked his signature. It's not hard to do, and for a mid to high level initiate it's pretty much impossible to detect unless you've got an adept who has maxed out his Assensing skill and related Powers that boost it. So you've got a new angle of attack on signature that doesn't exist in the DNA or other related contexts.
Sepherim
I believe some of you guys are mixing two different things.

-For one, we have aura assensing, which gives away the auras of people present in the moment. Normally, cops have no access to this, or else the burglar would have already been caught. Thus, you can't say on a trial something like "that black part in his aura, means he has a memory implant". Besides, auras are not always the same for the same person, since they depend on moods, health, etc.

-On the other hand, we have magical imprints left behind by spellcasting. This are unique for each mage, and last a certain time in place. It could be more than possible that several mages assense it to make sure it is one certain way. This can be photographed as has been said, since it remains, and can be checked forcing the suspect to cast again in trial so everyone can compare.

Another option, though this is not cannon and only seems logical, is to test such imprints with certain bacteria and other elements that react to astral presence glowing in the physical world (this bacteria have appeared in numerous places). Thus, we can imagine that different bacterias might exist, not for security reasons, but to make different forensic tests (forensic mages have been mentioned more than once).
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