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- The People vs. La Resistance
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| The People vs. La Resistance | |
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| Tweet Topic Started: Aug 6 2017, 03:37 AM (3,768 Views) | |
| Adytus | Aug 6 2017, 03:37 AM Post #1 |
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Blessed of the Vale
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 Necromancer of Arbitration – Adytus Complainant – Funkadelia Accused Aguero Alunya Amerion Ark Andrew Atlantica Aumelodia Capercom Constie Courlany Das Imperium Lives/Prole Confederation Doperland Escade Frattastan Griffindor13 Harmoneia Ike Kanglia Kade Vasentius Katie Lenlyvit Loftegen Morozovia Omega Pherttsylavnia Resentine Roavin Royal Atlantean State Ryccia Seraph Svezjacael The Church of Satan The Noble Thatcherites Vapid Veniasufia Wintermoot Charge – 2.6 Subversive Activities The King of the Undead has brought a criminal charge of subversive activity to the Necromancer of Arbitration, and the Circle of Necromancers. At the King’s request, with the approval of the Circle of Necromancers, and following the guidelines of Lazarene law, a trial has summoned for the accused, or “La Resistance.” This trials will be conducted following the Edict of Lazarene Law and Order, and order established by the Constitution of the Undead Dominion of Lazarus. Since these charges were not addressed under previous law, and are currently ongoing, the justification for this trial stands as the legal remedy to address the conflict. While a number of the accused have been charged with other crimes, this trial will center on the following –
Following longstanding precedent, as Necromancer of Arbitration, I will immediately contact the accused to notify them of the trial, allowing them to attend the court and present evidence in their defense. A period of three days will be allowed for the defense and complainant to confirm whether or not they plan to present themselves to the court. After this period, unless there is a reasonable request for delay, the accused and complainant may present evidence, facts, and other relevant information to the court to make their case. They may do so for three days. If there is no major evidence presented for three days after this period, the court, given all the evidence, will publish a ruling. It will roughly take a couple of days to publish a ruling. EDIT: To everyone I mistakenly sent "trail" instead of "trial" in their personal message, I deeply apologize. My auto correct changed it, and I did not notice in time. EDIT: Trial has started. EDIT: Ruling coming soon. Edited by Adytus, Aug 15 2017, 03:09 AM.
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| Katie | Aug 11 2017, 01:49 PM Post #21 |
Lazarene
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I present no evidence. :-) |
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| Roavin | Aug 11 2017, 03:59 PM Post #22 |
Whole lotta Roavin!
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Whilst I strongly question the legitimacy of this court, I'll indulge. First, I submit the full release of the logs of the "La Resistance" chat. The link includes both a text dump of that chat as well as a link to a Discord server, where the court may see the messages in full. The full logs provide context and intent prior to the supposed "state of emergency" declared by Funkadelia, Scum, and Killer Kitty based on evidence derived from that chat. Second, I submit the the initial submission against "La Resistance" on the NS gameplay forum by Killer Kitty, which was used to justify the declaration of a "state of emergency" by Funkadelia, Scum, and Killer Kitty. In conjunction with my first submission, the court will find that the accusations given were drawn from screenshots of that chat that were taken out of context. One particularly egregious example is the screenshot of Amerion stating that they will send telegrams to ask for unendorsements; the context from the full logs show that this was not to aid an overthrow of the government, as Killer Kitty's accusation laid out, but rather a request for himself to be unendorsed on grounds of being over the endorsement cap. |
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| Capercom | Aug 12 2017, 02:46 AM Post #23 |
Lazarene
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There is no evidence for me to present, as there is no evidence presented against me. The link you presented included someone else stating their opinion on who I should be endorsing, but if you look at the list of people in the room, my name is not listed. I'm being charged because someone stated an opinion of who I should be endorsing and who I shouldn't be? The other logs that have been presented (on RMB but for some reason not on the forums? Maybe I just can't find them lol) included a link to a google doc, that was authored and maintained by other accused nations, that explicitly have my name listed in the "Non-Voting" category. As in non-voting in anything governmental on that side. In those same logs someone questioned if I was still active, to which I wasn't, but someone responded along the lines of (the truth) "he broke a bone". I am a member of their forum, yes, but as you can see I have 0 posts. Whereas on this forum I have posted multiple times, along with posting multiple times on Lazarus' RMB. I never left the region to go anywhere else, as I wish to remain in Lazarus as I have since I got back into the game in late May of this year. I only would prefer to not be accused of crimes I didn't commit, and that we bring Lazarus back to some sort of understanding order with the people who were (in my heavy opinion) wrongfully ejected. Having those opinions does not make me guilty of any crime. So what evidence can I provide? Magically create something that says "there is no evidence proving I'm guilty of the crimes accused"? The burden of proof does not lie on me, as no evidence has been presented that proves me guilty. Edit: Like, I get what you have on other people. But I'm just lumped in with the group because I joined their Discord after being kicked from the main Lazarus Discord and I publicly discuss my discontent with how things have been playing out. Where have I called for a revolution or overthrow? I want justice for all in Lazarus, but feel I am unjustly accused. And maybe I have been more of a dick about it than I should have, and that's on me. Things have just been not great in the region as of late and I've let my emotions get the best of me. Edited by Capercom, Aug 12 2017, 02:52 AM.
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| Constie | Aug 12 2017, 05:29 AM Post #24 |
Chief Justice Emeritus of the Grand Court
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I would like to cite my right to a fair trial, and I request that a non affected party hears the case. In being appointed by Funkadelia, Adyuts is incapable of rendering fair judgement. |
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| Funkadelia | Aug 12 2017, 06:14 AM Post #25 |
 
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Your honour, First, in regards to the argument laid forth by Roavin. Firstly, I remind the Necromancer that this is a trial about the accused's involvement with the opposition group that is seeking to undermine Lazarus. Whether the logs of the group are evidence of a coup or not are immaterial to this trial. It is overwhelmingly apparent that the goal was to overthrow the elected government of Lazarus over a difference of opinion with the Sovereign. That is why the declaration was made by the Circle last week. The crime committed is being a member of that subversive group. Secondly, Capercom has signed up for their forum, is masked as a citizen, and is a member of the chat group. He has also taken part in coalition organized in-game destabilization of the region. The fact that the first two things are true alone are proof that he is involved in a subversive group.
You are being afforded that right through this trial, as dictated by Lazarus law. |
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| Capercom | Aug 12 2017, 11:05 AM Post #26 |
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Lazarene
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Before I get started, I would like to see evidence behind the statement "He has also taken part in coalition organized in-game destabilization of the region." If there is no evidence to back that claim, it is nothing but slander. Give your definition of "taken part" and how it differs from the actual definition of the word, or provide evidence that that statement is true. Otherwise, that is another baseless claim against me. I was personally attacked by Lamb before I even had an opinion on what was going on, because I wasn't involved in anything. I had just spent two-three weeks out due to health. So of course I joined their Discord because I was kicked out of Lazarus' Discord literally the first day I came back from a gap of time of not even physically being able to be on my computer or use my phone. I don't control what someone else masks me as on their forums. I've never logged into the forums to post anything, the only time I've been there was to sign up. I never felt operating a government like nothing happened in in-game Lazarus region made any sense at all. Talking to them in a Discord server is a crime? So will the people that are on "your side" (as you are explicitly forcing a side to be chosen) that are on their Discord server, are they going to be put on trial as well? No? Well how do you know what they've been saying to people...you aren't there to see? I don't have a "side", I just want righteousness out of positions of power. Doesn't them being in the other Discord make them "take(n) part in coalition organized in-game destabilization of the region."? Doesn't that mean they are a "member of the chat group."? Which would then make them be "a member of that subversive group?" Why isn't Sept. Marches on trial too? This is from "The Discord Server": The Septimanian Marches - Last Tuesday at 1:25 AM Why was he there? Why isn't he accused? You cannot state that me being in their Discord server is a crime, as you have not put on trial others who are in their Discord server as well. There is no evidence to show that I am "a member of that subversive group.". Being a "member" of something requires inclusion, and of that group and this region, I am currently not included in either. I find it upsetting that you would just blanket put me in the same group as people that have blatantly (your words) attempted to overthrow the government, when I have not. Nor have I participated in activities to help overthrow the government of Lazarus. And there is absolutely no proof to show that I have. I have never felt that was the best way to fix the issues within the region. But I unfortunately wasn't around when anything was discussed by anyone until it was too late! What I'm learning with all of this is that neither side is actually willing to accept my opinion. When this all started I voiced my opinion to Lazarus and was kicked out of the Discord. I joined the other Discord and people were equally as unwilling to hear my opinions as well. At that point, I stuck to (unprofessionally) arguing on the RMB because something had to be done in my opinion to bring justice for all people in Lazarus. That does not explicitly mean I want anyone removed from office nor think the government needs banjected. That means I want fairness in a region that I have said since Day 1 had great potential in this game. So to get kicked out of the region because of my "involvement" with a group I'm not involved in more than conversations about stupid stuff would be a very sad day. If that were the case, I should've just stayed away from the game for longer and came back mid-way through this crisis instead. I would probably not be accused then. Edited by Capercom, Aug 12 2017, 05:49 PM.
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| Kade W. Vasentius | Aug 13 2017, 12:15 PM Post #27 |
Kadey the Sysadmin
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The defense motions to dismiss based on both lack of jurisdiction and the prosecution having failed to lay out of valid claim that any crime was committed. A threshold matter for any judicial proceeding is determining whether the court has jurisdiction. The closest thing to a statutory statement of jurisdiction comes from Edict Law & Order; Legal Procedure, which states "One Necromancer shall handle the courts of Lazarus, serving as the court’s judge and jury." This is ambiguous in that it could be interpreted to mean the Trial Court is responsible for any case brought within The Undead Dominion of Lazarus ("LAZ") or that jurisdiction is limited to cases relating to events that occur within the region. Under the latter interpretation, there is clearly no jurisdiction here. The prosecution admits that all of the pertinent events occurred "in an open chat service hosted by an enemy of the region." Under the former interpretation, the pertinent language merely assigns responsibility, rather than grating jurisdiction over all cases. Turning to common law (and common sense), this court undoubtedly has jurisdiction over actions taken with LAZ. However, there is clearly a line that, when crossed, renders jurisdiction improper. For example, if I falsely accuse someone in Europeia of a crime on the Europeian forums, that would be a crime under LAZ law, but not in Europeian law. It would offend every notion of justice for this court to judge me for that action. Even if it was also a crime in Europeia, the proper venue would be the Europeian court, not here. Therefore, the question in this case is whether this court has jurisdiction over a conversation in another region's (although in Exile) public chat service. Due Process principles tell us that the answer is no. Generally, ignorance of the law is not an excuse for criminal conduct. However, that principle rests on the legal fiction of notice; citizens are assumed to be aware of the law, thus nullifying the ignorance defense. In this case, the law is ambiguous at best, so even if the defendant is assumed to be aware of the law, he cannot be reasonably expected to have known that his conduct was proscribed (and, in fact, as I will argue later, it is not proscribed under a correct construction of the law). Additionally, the prosecution rushed through a new copy of the Edict and Mandate, while simultaneously blocking access for the accused to participate in its drafting. Which in itself is a fair trial violation by Ex Post Facto The pertinent law cited by the prosecutor states "Subversive Activity is defined as belonging to an organization that the Circle of Necromancers declares subversive, working with nations that seek to subvert Lazarus, performing unauthorized actions that one could reasonably assume are capable of or intended to weaken Lazarus, acting in Lazarus for the sake of foreign interests, and/or being a proxy of a foreign power. Subversive Activity is punishable by banishment from the region and forum.." As a threshold latter, considering the plain text alone, that can reasonably be construed as meaning that if an individual acts against the government in any form, they would be held liable, going off of apparent policy. That leads to the somewhat ludicrous conclusion that an individual can be convicted for small acts against the government, such as opinion, which would defy Due Process entirely. Thus, while we concede that cannot be the proper construction of the law, it highlights the inherent ambiguity in the statutory language. Turning to more reasonable interpretations, it appears that "subversive activity" refers to acts designed to topple the current government. Under such a construction, the precise reach of the law is still unclear, but it appears to require the action of specific, operational moves that could have lead to the downfall of the region, and not simple talk. Here, the prosecution has not identified any specific information that the defendant (Kade Vasentius) was in contact with this resistance, or that he actively planned to participate in it. In short, Due Process directs that the court should not exercise jurisdiction here. The entire evidence presented by the prosecution is a log from another region's public chat server. There is no evidence of any criminal activity within Laz. Similarly, it might be reasonable to exert jurisdiction if faced with a statute that explicitly states it applies to conduct in other regions. However, where, as here, no such statement is included, it would violate Due Process to apply it to conduct in other regions because the defendant cannot reasonably be considered to be on notice that the conduct was proscribed. There are thus no grounds to exert jurisdiction. Even if this court elects to exert jurisdiction, the case should still be dismissed because the prosecution has failed to make a case that a crime was committed. Where the law is susceptible to multiple possible interpretations, Due Process demands construing it in favor of the defendant in criminal matters. Criminal cases, and in particular one where the charge is as serious as treason, have serious implications for the defendant's liberty. While it is established that the defendant is assumed to be aware of the law, where, as here, the defendant could be aware of the law and hold a reasonable belief that his conduct was allowable, it violates his Due Process rights to nevertheless convict him. All the prosecution has provided is a single log showing the "resistance" expressing general displeasure with the leadership of the region. To the extent any of his statements extend to being more than mere statements of opinion, the prosecution has not connected any of the defendant's statements to specific information he obtained from protected areas or plans put into action. This result is also compelled by policy. If statements such as those presented were sufficient to establish treason, many citizens would be guilty and the rights of freedom of speech and to petition the government would be eviscerated. Some of the defendants expressed displeasure with the government, and assembled about it. While they did this in another region's chat service, the same logic the prosecutor applies here would be equally applicable to complaints posted on this forum about management within the government. How many citizens have posted criticism of a government entity in their time here? And how many of those criticisms were partly informed by information that the citizen obtained from a protected area? In sum, even assuming everything alleged by the prosecutor is true, he has failed to make a legal case that the defendant violated the law. As the initial burden is one the prosecutor to make a prima facie case that a crime has been committed, the case should be dismissed. Edited by Kade W. Vasentius, Aug 14 2017, 01:03 AM.
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| The13th | Aug 13 2017, 02:29 PM Post #28 |
Guy in the Public Eye
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100% agree 
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| Ike | Aug 13 2017, 06:27 PM Post #29 |
Minnowite Socialist
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As per the Celestial Mandate and the laws that govern Lazarus, the organization calling itself the Undead Dominion bears no legitimacy whatsoever as the lawful government of Lazarus. Therefore, its occupation of this forum and the region is illegal, making the so-called King, and his collaborative subordinates, guilty of High Treason as per the Criminal Code of the Celestial Mandate. The prosecution has failed to present any case for a guilty verdict in any capacity at all, and it can only be concluded that this is a show trial which completely ignores the legal precedent of the region. The presiding officials occupy their positions illegally in a government which illegally occupies our home region. Thus, I present no evidence to this kangaroo court, and instead direct the prosecution to the Celestial Mandate, which was not repealed as per the procedure outlined by law. Any action taken against accused subjects is in contravention of the Mandate, and only further displays the blatant treason committed against the legitimate and democratic government of Lazarus. |
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| Funkadelia | Aug 14 2017, 02:23 AM Post #30 |
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Truly, you are brave to make such a principled stand in the court of Lazarus. |
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