[IC] Legal precedents of the Stormwind trial of necromancer Drustai

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[IC] Legal precedents of the Stormwind trial of necromancer Drustai

Post by Melnerag on Wed May 02, 2012 7:39 am

This paper has been published within the circles of jurisprudence within the Kingdom of Stormwind, a copy has been sent with a little note to the Grand Magistrate

note to grand magistrate:

Baron,

As promised I have studied some of the recent cases which I have missed and provided my analysis. I hope you will find it a sufficient indication that my expertise has not suffered as the result of my four-monthly absence. Regardless, I will move to other cases of interest.

-Sophyra

The trial of necromancer Drustai is interesting for several important reasons. One of them is the publicity of the case and polarized public opinion on the matter, second the nature of Drustai’s defense. The case can be extrapolated to formulate new principles which will aid the kingdom in the past, and in this case we can glimpse several dangers we need to be aware of.

Drustai has confessed to the fact of the crime but in her defense argued that her actions were not only necessary, but also morally justified and not criminal. A very rare form of defense, as archives of the magistry would testify. Drustai used statements of witnesses to demonstrate that she has fully co-operated with the authorities in her arrest, made no attempts of resistance or escape and has acted out of compassion in a situation where her non-intervention would have resulted in almost-certain death of a pregnant woman shot in a crime. In her own words, “What is more important: the law or a life?”

The Kingdom’s law is based on the principle of prohibiting certain activities and setting consequences for violating the prohibition; ideally all citizens know the Law and what happens to those who break it. This is the task given to the magistrates: to judge evidence presented, make finding of fact and based on the scenario find suitable consequences for violating any laws.

In light of this, Drustai was never punished for saving a life – she was punished for using forbidden magic within the city. As the sentence has shown, the Law of Stormwind does not permit a calculus of crimes and civil service where transgressions can be washed away by --for lack of a better word—good deeds. This is not to be confused with mitigated sentence, which takes into account the severity of the crime and sometimes the intention.

By finding Drustai guilty, the Grand Magistrate has set a precedent from which we may deduce a principle: all transgressions against the law must be seen in isolation from any good service the person may have done in the past or during the crime. Another precedent is that denial of the crime and defense of the criminal act may not serve as accepted ground for a mitigated sentence.

Polarization of the public opinion and Drustai’s emotional defense make a strong case against citizen-jury, who would be swayed by emotional argument and character of the defendant and the prosecutor instead of following the Law to the letter. The juries are especially vulnerable to the kind of defense necromancer Drustai has put forward.

Should the court have found Drustai innocent? The answer is an emphatic no. Finding Drustai innocent will have undesirable consequences and set dangerous precedents. First of all it will undermine the authority of the Law by providing a clear example of a case where illegal activities do not lead to prescribed consequences. Secondly, it will provide a precedent in which use of Dark Magic may, in some cases, be justified; following courts will have to deal with all possible variations of this theme, laboring endlessly to set a boundary of what exactly is and is not justified use of Dark Magic. In general, what applies to Dark Magic would apply to all other crimes we our courts will be mired down in cases that set limit on justifiable murder, fanaticism etc.

To sum it up, the case of necromancer Drustai demonstrates that Stormwind Law does not view the actions of an individual as a whole package and deals with transgressions piecemeal instead of pardoning them for ‘good service’. It shows that justification or rationalization of the crime cannot serve as foundations for a mitigated sentence and that allowing any sympathy or emotion in execution of the law will inevitably lead to dangerous precedents which will corrupt the entire system of Justice.

-Sophyra, daughter of Ashay

Melnerag

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Join date : 2010-01-29

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Re: [IC] Legal precedents of the Stormwind trial of necromancer Drustai

Post by Magaskawee/Anaei on Wed May 02, 2012 3:09 pm

((Was she not tried in Dalaran, under their law? If not.. Ignore my foolishness.. D:))

_____________________________________________________
Characters;
- (Magaskawee/Magaskawée) of the Plains, "The voices within me, they speak beyond the veil of death.
- (Pamuyaa) Earthmender Pamuyaa Cloudstrider, "The earth cries out for healing."
- (Encendia) Good Witch Encendia, "I represent the take a wish foundation."
- (Isabelle) Isabelle 'Izzy' Goldshore, "My daddy owns you wholesale."

Magaskawee/Anaei

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Name: Magaskawee Grimtotem
Title: Elder Crone of the Banner of the Bloodhoof

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Re: [IC] Legal precedents of the Stormwind trial of necromancer Drustai

Post by Lexgrad on Wed May 02, 2012 4:04 pm

((Was one in SW before that Razz A Preggers lady was shot and dying. Dru saved her with Necromancy [Having done this move in SW and Dala it just leaves a goat city, Darnassius and IF for the Achi]))

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Re: [IC] Legal precedents of the Stormwind trial of necromancer Drustai

Post by Drustai on Wed May 02, 2012 4:27 pm

Anaei/Vezullia wrote:((Was she not tried in Dalaran, under their law? If not.. Ignore my foolishness.. D:))

((That was a separate trial, for a separate incident.))

_____________________________________________________
[I] Drustai the Necromancer - Outcast
[A] RADM Areyah Conover - Missing in Action
[L] Saphra Emberstone - Felsworn
[H] Atsenkha - Former Kor'kron, Red Blade Tribesorc


"...in any bureaucratic organization there will be two kinds of people: those who work to further the actual goals of the organization, and those who work for the organization itself... In all cases, the second type of person will always gain control of the organization, and will always write the rules under which the organization functions."

—The Iron Law of Bureaucracy

Drustai

Posts : 3194
Join date : 2010-10-10
Location : Gotland, Sweden

Character sheet
Name: Archmage Drustai
Title: The Necromancer

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Re: [IC] Legal precedents of the Stormwind trial of necromancer Drustai

Post by Magaskawee/Anaei on Wed May 02, 2012 5:54 pm

Drustai wrote:
Anaei/Vezullia wrote:((Was she not tried in Dalaran, under their law? If not.. Ignore my foolishness.. D:))

((That was a separate trial, for a separate incident.))

((..Gosh you are popular. Good to know! I shall shush!))

_____________________________________________________
Characters;
- (Magaskawee/Magaskawée) of the Plains, "The voices within me, they speak beyond the veil of death.
- (Pamuyaa) Earthmender Pamuyaa Cloudstrider, "The earth cries out for healing."
- (Encendia) Good Witch Encendia, "I represent the take a wish foundation."
- (Isabelle) Isabelle 'Izzy' Goldshore, "My daddy owns you wholesale."

Magaskawee/Anaei

Posts : 2882
Join date : 2010-02-18
Age : 26
Location : Northern Ireland

Character sheet
Name: Magaskawee Grimtotem
Title: Elder Crone of the Banner of the Bloodhoof

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Re: [IC] Legal precedents of the Stormwind trial of necromancer Drustai

Post by Seranita on Wed May 02, 2012 7:32 pm

((indeed i was there poor drussy.. still feel sorry for that trial.. was very entertaining thow))

Seranita

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Name: Monrena
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Re: [IC] Legal precedents of the Stormwind trial of necromancer Drustai

Post by Yarnaat on Thu May 03, 2012 12:25 am

*Deep frown* Drustai.. Evil or Very Mad

Yarnaat

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Re: [IC] Legal precedents of the Stormwind trial of necromancer Drustai

Post by Drustai on Thu May 03, 2012 2:57 am

No good deed goes unpunished!

_____________________________________________________
[I] Drustai the Necromancer - Outcast
[A] RADM Areyah Conover - Missing in Action
[L] Saphra Emberstone - Felsworn
[H] Atsenkha - Former Kor'kron, Red Blade Tribesorc


"...in any bureaucratic organization there will be two kinds of people: those who work to further the actual goals of the organization, and those who work for the organization itself... In all cases, the second type of person will always gain control of the organization, and will always write the rules under which the organization functions."

—The Iron Law of Bureaucracy

Drustai

Posts : 3194
Join date : 2010-10-10
Location : Gotland, Sweden

Character sheet
Name: Archmage Drustai
Title: The Necromancer

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Re: [IC] Legal precedents of the Stormwind trial of necromancer Drustai

Post by Shaelyssa on Thu May 03, 2012 4:50 am

Drustai should just be executed already ... even Drubee herself thinks her character deserves to die!!!

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Re: [IC] Legal precedents of the Stormwind trial of necromancer Drustai

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