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The Chamber of Justice makes use of several different types of trials, as outlined by the Dark Covenant - Article VIII, Sections 8.02(e) and 8.03(g). Originally there were three types of trials: Trial by Jury, Trial by Justicar, and Trial by Tribunal - however the Trial by Tribunal was later removed via Covenant Amendment. These different trials are used for a variety of situations. In addition, trials are not the only recourse of the Chamber, which is given authority by the Covenant to mediate disputes when possible.
Trial by Jury
In the "Rights of the Accused", Article VIII, Section 8.02(e) of the Dark Covenant states:
"All members are afforded the right to choose between a Trial by Justicar or a Trial by Jury in their case as detailed in the following sections. The court shall not choose for them, unless the defendant refuses to select for themselves."
The Covenant gives every accused member the right to a Trial by Jury of their peers if they so wish. However, the Chamber of Justice faces a wide variety of cases, many of which are so minor as to not warrant the labor-intensive process of a jury trial. Therefore, the Covenant outlines exactly when a jury trial may be used - based on severity of the offense, as measured by potential sentence - in Article VIII, Sections 8.03(h) and 8.03(i), which state:
H. For all trials in which the proposed penalty is a one-grade Equite or Elder demotion, a two-grade Journeyman demotion, a Letter of Reprimand, one year probation, or a combination of the above, the Justicar, with the advice of his Hands, will determine the guilt or innocence of the accused.
I. For all other charges, the accused shall choose between Trial by Justicar or Trial by Jury to weigh evidence and determine guilt or innocence.
If a Trial by Jury is chosen by a defendant, then the Justicar gathers a jury from the Brotherhood's members to serve, as outlined by Article VIII, Section 8.04. A Jury consists of one member of the Dark Council and five other random Equite or Elder members (for a total of six members. Also two alternates are chosen in the event of a recusal or absence. The Justicar follows a strict process to ensure an unbiased jury is selected, and the Grand Master oversees this process to guarantee impartiality.
During a Trial by Jury, the prosecution first presents their initial arguments along with all evidence. The defense then reviews this material and sends their initial statement along with defense rebuttal to what the prosecution has outlined. Finally, the prosecution reviews the defense material and submits a final rebuttal argument. This entire process is presided over by the Justicar, who then takes all of the arguments and submits them to the Jury for review and deliberation. The jury is tasked with reaching a unanimous verdict on the guilt or innocence of the defendant. In the event a unanimous decision cannot be reached, the Justicar must dismiss the jury and select another, presenting the same arguments until a unanimous decision is reached.
While juries do not participate in the sentencing of a guilty defendant (this is done by the Justicar), they do play a role in expulsions. If a member is found guilty and the Justicar determines that expulsion is the appropriate punishment, a special "Sentencing Jury" is formed. The Justicar must then present his argument for why expulsion is an appropriate punishment, and the jury votes to approve or disapprove the sentence (unanimity is not required for this jury, a 4/6 vote will result in approval).
Trial by Justicar
Trial by Justicar is a trial type typically used for more minor violations of the Articles of Conduct and Reprimand, as outlined by Article VIII, Sections 8.03(h) which states:
H. For all trials in which the proposed penalty is a one-grade Equite or Elder demotion, a two-grade Journeyman demotion, a Letter of Reprimand, one year probation, or a combination of the above, the Justicar, with the advice of his Hands, will determine the guilt or innocence of the accused.
Defendants who are charged with more serious violations may also choose a Trial by Justicar if they do not wish to be tried by a jury. The Trial by Justicar is a simple process - the prosecution presents it's charges and evidence, then the defense responds. The Justicar takes the evidence and arguments under consideration, consults the Right Hand of Justice and Left Hand of Justice for advice, and makes a decision to the guilt or innocence of the defendant. If he finds the defendant guilty, the Justicar then moves on and sentences him as well.
Trial by Tribunal
Previous versions of the Dark Covenant contained a third type of trial, the "Trial by Tribunal." If a defendant chose this option, a Tribunal consisting of the Justicar, Left Hand of Justice, and Right Hand of Justice was formed and presided over the case. After arguments were made, the Tribunal would deliberate and come to a decision on the guilt or innocence of the defendant. This type of trial was removed via Covenant amendment because it was found to be redundant - in a Trial by Justicar, the Justicar consults the Right and Left Hands of Justice for advice, making every Trial by Justicar a de facto Trial by Tribunal. Therefore the Justicar proposed that the Tribunal be removed from the Covenant, and this amendment was approved by the Grand Master and Dark Council.
Trial versus Mediation
Trials are not the only recourse available to the Chamber of Justice. Article VIII, Section 8.03(e) states:
The Justicar, the Grand Master or a Hand of Justice, upon receiving a formal complaint, may attempt to mediate the dispute to arrive at a settlement.
Most complaints which are brought to the Chamber of Justice are dealt with in this manner. The Justicar or a Hand of Justice who receives the complaint will contact the parties involved, gather information regarding the situation, and attempt to mediate the dispute that has arisen. Oftentimes the Chamber will work with Clan and House leaders to resolve minor issues before they get out of hand. However, if a complaint is of a very serious nature, or if attempted mediation is unsuccessful (and there is cause for trial), the Chamber will initiate the Trial process, which will lead to one of the two trial types described in the above sections.
Relevant Dark Covenant Sections
To better understand the source of these policies, browse the Dark Covenant, especially the following sections:
Article VIII, Section 8.02(e)
Article VIII, Section 8.03(g)
Article VIII, Section 8.03(h)
Article VIII, Section 8.03(i)
Article VIII, Section 8.03(e)