Judiciary post SHTF

[Mortblanc]

In the county where I was raised they established a government in the late 1780s and the first action of the commission was to plant a whipping post in the center of the town square.

It was a frontier area and the folk saw no need to feed, shelter and clothe the criminal element. They were too busy trying to survive, build homes, fight off savages, raise crops and children.

Misdemeanors were fined, felonies were suitably discouraged with the lash and capitol offenses were tried and executed immediately.

I have no objection to strict codes, strict enforcement and swift discipline. Who makes the laws and who renders trial and punishment is one of those things that one might leave to the group or community.

Although I have noted in the past a reluctance from some to allow any one or any thing to impose an outside will or behavior standards.

No system is going to meet the approval of everyone, and should not be expected to do so.

It has been the source for considerable comment.

[bigpaul]

I suppose you could reintroduce village stocks for minor infringements.

[Straight Shooter]

Yes BP i made some..... back seven years ago for a charity fete...there is no way out....i still bear the marks ...when they dished out the abuse with eggs...bloody hurt... we even sold the stocks to some guy ....a present for his wife garden ornament he said.....yea right !

[Phil]

To add my tuppenny worth, I think it would depend on the numbers left alive.
Even in the days of 5,000,000 we had laws set down by the king as well as common law,but all were usually administered locally,as mentioned by the lord of the manors court.
More serious crimes being dealt with by circuit judges (being murder and treason).So basically below a million and each area is likely to be on it's own.
With far fewer people surviving I wouldn't think that there would be much theft,provided the die off had been quick as with a pandemic.

[harrypalmer]

How many pandemics have killed millions on a quick scale?

Here is a show from a long time ago you may enjoy

https://www.youtube.com/watch?v=Ch7N7KCn778

[Mortblanc]

In the days of 5,000,000, about the year 1347. A second wave of the Black Death followed in 1353 and the numbers suddenly became around 3,000,000.

There was a profound change in the social order caused by the severe labor shortage and the disruption caused by the deaths of so may nobles as well as peasants. Agricultural production fell by a greater percentage than population numbers as fields were untended and crops neither planted or harvested.

There was also even greater reduction in numbers in the cities with many of the administrators dying. The wheels of government stopped turning.

In the effort to replace these administrators and lawyers there were severe and sudden changes that had to take place. Many of the new replacements did not know how to read or speak Latin, so English became the standard language for record keeping for the first time in English history. Cases were argued and judgments handed down in English from that point on.

Due to repressive measures taken by the government to regain control of the economy there was a peasant revolt in 1384. London was sacked before the peasants were defeated and dispersed. The leaders lost their heads and things went back to being controlled by TPTB as expected.

Yes, a rapid population die off will screw things up for decades.

[SecretPrepper]

Depending on the nature of the SHTF scenario it may be martial law with firing squads

[Phil]

The Spanish flu is said to have killed up to 100 million,in about 13 months in 1918 and 1919,but I prefer about 39.4 up to 44 million as there are a number of estimate about.
Some people were struck down and died in 12 hours,whilst others were ill for days before dying.

[Jonas]

Looking into my crystal ball...

~ The "Law" will simplify itself (or be simplified) from the volumes of laws and regulations currently on the books to basics, ie: the Ten Commandments.
~ There will be far fewer criminal prosecutions due to a universal "Ad hoc Castle Doctrine" law.
~ "Judges" will be appointed/elected by the local residents.
~ Juries may or may not be empaneled.
~ Cases will be heard promptly and settled locally, without the aid of attorneys.
~ Local court decisions will not be subject to appeal.
~ Sentences for criminals will be swiftly carried out, probably in the town square.