CoJ Case 026

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Revision as of 18:49, 3 October 2008 by Kir Katarn (talk | contribs) (Protected "026 DB vs Androc": Protected by the JST [edit=sysop:move=sysop])
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Chamber of Justice
Cases


DB vs Androc was the twenty-sixth case tried by the Chamber of Justice. The sitting Justicar was Kir Katarn, the Left Hand of Justice was Malisane, and the Right Hand of Justice was Astronicus Aurelius Sadow.


Basic Case Information

Defendants Name

Charges

  • Attempted Hacking
  • Attempted Cloning

Verdict

  • Guilty on both charges

Sentence


Case Summary

The Chamber of Justice received a forwarded email from a rogue member who had been solicited - the email asked the rogue member if he would allow the sender to use his dossier as his own. Using the header of the email, the IP address of the sender was obtained with the assistance of Master-at-Arms Syn Kaek. Then the IP was run through the Brotherhood database, and it was found to match Guardian Androc Valabra. In addition, the Justicar was able to find a similar complaint from a different member in his archives. This emailed had been signed by its sender using the name "Thaladred". Checking the history outline of the defendant led to the discovery that this had been a name he used in the past. The Justicar determined that the defendant's actions were in conflict with the Dark Covenant, and that the complaint had merit. The Chamber of Justice was convened, and the notification of charges were sent. The defendant replied with a guilty plea within an hour and the Chamber gathered to discuss sentencing. Looking into the defendants past, the Chamber found he had been punished by the Headmaster for a Shadow Academy infraction, and also had a Letter of Reprimand on file for improper use of another members administrative options. Combined with the current case, the defendant was clearly a recidivist, and therefore a harsh sentence was decided upon. Androc Valabra was demoted from Guardian to Apprentice, will receive a second Letter of Reprimand, and will serve a probationary term of one year.


Related News Posts

Posted By DJM Kir Katarn - 10/1/2008
Chamber of Justice Communique #025a

On this day, October 1, 2008 of the Liberated Brotherhood, I the Justicar of the Brotherhood now announce the punishment that this Chamber lays upon Androc Valabra. Upon the conclusion of fair and just proceedings, this Chamber finds you:

On the Charge of Attempted Hacking -
You did knowingly and willingly attempt on two separate occasions to obtain unauthorized access and misappropriate the dossiers of other members of the Dark Brotherhood.
The Chamber finds you GUILTY.

On the Charge of Attempted Cloning -
You did knowingly and willing attempt to obtain more than one Dark Brotherhood dossier.
The Chamber finds you GUILTY.

Sentencing for the party is as follows:
-Demotion from Guardian to Apprentice
-Official Letter of Reprimand
-One year of Probation

The terms of probation are thus:
-The guilty party may not receive promotion, appointment to position, or any citation or honor of merit without the explicit permission of the Justicar.


Justicar's Opinion

Posted By DJM Kir Katarn - 10/1/2008
Justicar's Opinion - 026 DB vs Androc

The Justicar received the initial complaint from a member who had received an anonymous emailing soliciting them for information. The email noted they were rogue and requested if the sender could have control of their dossier for their own use. Using the header of the email, the IP address of the sender was obtained, and then by searching the Brotherhood database, it was matched to Guardian Androc Valabra. In addition, the Justicar was able to find a similar complaint from a different member in his archives. This emailed had been signed by its sender using the name "Thaladred". Checking the history outline of the defendant led to the discovery that this had been a name he used in the past.

After finishing his investigation, the Justicar determined that the defendant's actions were in conflict with the Dark Covenant, and that the complaint had merit. The Chamber of Justice was convened, and the notification of charges were sent. The defendant replied with a guilty plea within an hour. The Chamber of Justice then gathered to discuss sentencing. Looking into the defendants past, the Chamber found he had been punished by the Headmaster for a Shadow Academy infraction, and also had a Letter of Reprimand on file for improper use of another members administrative options. Combined with the current case, the defendant was clearly a recidivist, and therefore a harsh sentence was decided upon. Androc Valabra was demoted from Guardian to Apprentice, will receive a second Letter of Reprimand, and will serve a probationary term of one year.

Gaining access to the dossier and administrative options of other Brotherhood members is absolutely unauthorized. The Dark Covenant clearly states, "No member shall misappropriate the dossier of another member" [Section 8.06(o)]. Due to past issues which have had unfortunate consequences for the Brotherhood, this issue is treated seriously by the Chamber of Justice.


Points of Interest

This was was the first time the Chamber of Justice has charged someone with the attempt of a crime. The Chamber was careful while establishing this precedant, as it has the potential for abuse. However in this case, the defendant went beyond merely preparing or plotting a crime and actually took action - revealing his criminal intent, that is, res ipsa loquitur ("the thing speaks for itself"). The fact that his attempts were thwarted does not mean they were not violations of the Dark Covenant. This is the standard that must be met for all attempt cases.

The Justicar's opinion says, "Due to past issues which have had unfortunate consequences for the Brotherhood, this issue is treated seriously by the Chamber of Justice." This is in reference to the actions which lead to 013 DB vs. Bane, in which a member gained access to the administrative options of several Brotherhood members and used that access for unauthorized changes and vandalism. Members of the Brotherhood are permitted access to their own dossier and admin options, but not those of any other member. As shown in this case, merely seeking to gain this access is a violation of the Dark Covenant.