These forums have been archived and are now read-only.

The new forums are live and can be found at https://forums.eveonline.com/

Intergalactic Summit

 
  • Topic is locked indefinitely.
 

A plea for restraint for Kinhar's trial

Author
TomHorn
Horn Brothers Holdings Inc.
#41 - 2013-10-16 22:40:17 UTC
Quote:
#35 Posted: 2013.10.16 19:41 | Report | Edited by: Jandice Ymladris Like 1 Yesterday, two capsuleerfleets organized a protest at Synchelle to demand more clarity on the subject and to lay out their demands on what should happen. The two fleets were the Freedom-Force and the Justice-Fleet, each representing the stance they took on the subject.
The protest itself was fairly peaceful, and when things got heated, the two FleetCommanders had the wisdom to call the end of the protest, to prevent any escalation.

More info about this protest can be found here : Minmatar/Gallente protests in Synchelle for Elokur's Trial! - Aurora Arcology News


Thankyou for your report on the protests yesterday.

Quote:
That's not how the balance of powers works. The Senate cannot influence the Judiciary whatsoever. The President looks over the Judiciary and his only real check on them is the ability to appoint new justices, which he will probably only get to once during his term.


It shouldnt but it dosent mean they couldnt if they wanted to Fred.
Fredfredbug4
The Scope
Gallente Federation
#42 - 2013-10-16 22:47:00 UTC  |  Edited by: Fredfredbug4
Pieter Tuulinen wrote:
Can I just say that a jury trial is the worst idea I've ever heard of? My perp is guilty or not-guilty based on how well the linguistic posturing of two people who don't know the law any better than I do convinces a number of people who don't know the law at all?

Winds defend me.


I can see your rational behind your thinking. Every time there is an incorrect verdict, it can almost always be pointed at the jury. However despite it's faults, the jury is very important. The Jury's necessity mainly stems from being as fair to the persecuted as possible. To uphold our principle that we believe a man is innocent until proven guilty.

The jury is mainly to provide a neutral perspective on the case. Political and social pressure, and in some cases, corruption, can often cause a judge to make the wrong verdict. The Jury also ensures that you are being reviewed by people similar to you, or your "peers." This tends to eliminate bias that may take place against the persecuted. Jury members are also interviewed very meticulously by both the defense and prosecution. This means that jury members will be as impartial as possible and not total idiots.

Of course, a Jury is an optional right and it can be waived if the defendant feels that the jury will hurt him or be detrimental to solving the case.

TomHorn wrote:


It shouldnt but it dosent mean they couldnt if they wanted to Fred.


True, but I'd imagine it would be fairly difficult to do so.

Watch_ Fred Fred Frederation_ and stop [u]cryptozoologist[/u]! Fight against the brutal genocide of fictional creatures across New Eden! Is that a metaphor? Probably not, but the fru-fru- people will sure love it!

Andreus Ixiris
Center for Advanced Studies
Gallente Federation
#43 - 2013-10-16 22:47:39 UTC
Pieter Tuulinen wrote:
Feeling down because you lost your glasses? Try the back of the sofa cushions.

Actually I lost three rounds of Mind Clash and only didn't come in last because there were an odd number of players and I got the automatic win in the fourth round for being randomly drawn with no partner.

Andreus Ixiris > A Civire without a chin is barely a Civire at all.

Pieter Tuulinen > He'd be Civirely disadvantaged, Andreus.

Andreus Ixiris > ...

Andreus Ixiris > This is why we're at war.

Nashuar Attor
Rat Kings Crew
#44 - 2013-10-16 22:58:33 UTC
Fredfredbug4 wrote:



The jury is mainly to provide a neutral perspective on the case. Political and social pressure, and in some cases, corruption, can often cause a judge to make the wrong verdict. The Jury also ensures that you are being reviewed by people similar to you, or your "peers." This tends to eliminate bias that may take place against the persecuted. Jury members are also interviewed very meticulously by both the defense and prosecution. This means that jury members will be as impartial as possible and not total idiots.

Of course, a Jury is an optional right and it can be waived if the defendant feels that the jury will hurt him or be detrimental to solving the case.



This eases my mind to a certain degree oddly. Given the high profile of this case and the obvious strong opinions of the people for and against, I would have been concerned that a jury made of Federation citizens (I assume you have to be a citizen to be a juror) would have been biased. Given that the accused has the right to waive the jury and be judged by, well just a judge, gives me the impression that the trial would be fairer.

You'll have to speak up, I'm wearing a towel.

Fredfredbug4
The Scope
Gallente Federation
#45 - 2013-10-16 23:34:43 UTC
Nashuar Attor wrote:


This eases my mind to a certain degree oddly. Given the high profile of this case and the obvious strong opinions of the people for and against, I would have been concerned that a jury made of Federation citizens (I assume you have to be a citizen to be a juror) would have been biased. Given that the accused has the right to waive the jury and be judged by, well just a judge, gives me the impression that the trial would be fairer.


A jury would actually benefit him as the jury would be made up of Matari students, immigrants, and professionals who would probably sympathize with him.

Regardless it's his choice.

Watch_ Fred Fred Frederation_ and stop [u]cryptozoologist[/u]! Fight against the brutal genocide of fictional creatures across New Eden! Is that a metaphor? Probably not, but the fru-fru- people will sure love it!

Ray Mitar
Ganksters Inc
#46 - 2013-10-17 02:38:27 UTC
So three guys attack one guy.
They attack him.
He defends himself and kills his three attackers.
Now he is on trial for being too competent in defense of himself.
You must be kidding?

Let's put this in terms a capsuleer can understand:
Three Gallente ships try to gank me, being the better combat pilot I destroy them, then Concord gets to arrest me and put me on trial?
Are the Gallente crazy?
Pieter Tuulinen
Societas Imperialis Sceptri Coronaeque
Khimi Harar
#47 - 2013-10-17 03:38:07 UTC
Andreus Ixiris wrote:
Pieter Tuulinen wrote:
Feeling down because you lost your glasses? Try the back of the sofa cushions.

Actually I lost three rounds of Mind Clash and only didn't come in last because there were an odd number of players and I got the automatic win in the fourth round for being randomly drawn with no partner.


Wow. You must be playing with some pretty heavy players. Hope you learned from the experience at least - humbling as it must have been.

For the first time since I started the conversation, he looks me dead in the eye. In his gaze are steel jackhammers, quiet vengeance, a hundred thousand orbital bombs frozen in still life.

Pieter Tuulinen
Societas Imperialis Sceptri Coronaeque
Khimi Harar
#48 - 2013-10-17 03:48:49 UTC
Ray Mitar wrote:
So three guys attack one guy.
They attack him.
He defends himself and kills his three attackers.
Now he is on trial for being too competent in defense of himself.
You must be kidding?

Let's put this in terms a capsuleer can understand:
Three Gallente ships try to gank me, being the better combat pilot I destroy them, then Concord gets to arrest me and put me on trial?
Are the Gallente crazy?


I can only assume you didn't bother to read any of the posts where I explained where self-defence ends and assault/murder can begin.

If he killed the three assailants whilst they were in the process of trying to kill him then he will not be charged for or found guilty of their murders. If his attackers attempted to withdraw or surrender and he killed them - that's aggravated homicide, at the least. Possibly plain old homicide. If he defended himself using an illegal weapon, he may well do time for possessing that illegal weapon.

None of this is because he 'defended himself too well'.

You know, unless the Black Eagles are behind this and want him arrested for.... something...

For the first time since I started the conversation, he looks me dead in the eye. In his gaze are steel jackhammers, quiet vengeance, a hundred thousand orbital bombs frozen in still life.

Ray Mitar
Ganksters Inc
#49 - 2013-10-17 04:06:20 UTC
Pieter Tuulinen wrote:
Ray Mitar wrote:
So three guys attack one guy.
They attack him.
He defends himself and kills his three attackers.
Now he is on trial for being too competent in defense of himself.
You must be kidding?

Let's put this in terms a capsuleer can understand:
Three Gallente ships try to gank me, being the better combat pilot I destroy them, then Concord gets to arrest me and put me on trial?
Are the Gallente crazy?


I can only assume you didn't bother to read any of the posts where I explained where self-defence ends and assault/murder can begin.

If he killed the three assailants whilst they were in the process of trying to kill him then he will not be charged for or found guilty of their murders. If his attackers attempted to withdraw or surrender and he killed them - that's aggravated homicide, at the least. Possibly plain old homicide. If he defended himself using an illegal weapon, he may well do time for possessing that illegal weapon.

None of this is because he 'defended himself too well'.

You know, unless the Black Eagles are behind this and want him arrested for.... something...
Forgive me, I just read the published news reports. I was not aware you witnessed the events. What was his illegal weapon? At what point did the trio of attackers attempt to withdraw? How was the defendant able to pursue three different withdrawing attackers?

Not being charged should have been a foregone conclusion. If a more in depth law enforcement investigation reveals other facts that do not support this seemingly easy conclusion, then yes charges should be filed ..... then.
Pieter Tuulinen
Societas Imperialis Sceptri Coronaeque
Khimi Harar
#50 - 2013-10-17 04:55:17 UTC
The evidence is generally revealed at the trial - in Gallente proceedings it is sometimes revealed to the defence counsellors beforehand.

People have asked how he could possibly be facing charges for defending himself - based on my own tenure as a law enforcement agent, I've simply answered that question. No I wasn't there. No I don't have access to the charges or the evidence against him. Yes I have seen similar situations over the border in the State - have been the arresting officer. Have given evidence to the tribunal.

Should he be charged for defending himself? Not according to Gallente law.

Could he have been charged for offences arising from circumstances surrounding his defence of his person? Yes, absolutely he could have.

For the first time since I started the conversation, he looks me dead in the eye. In his gaze are steel jackhammers, quiet vengeance, a hundred thousand orbital bombs frozen in still life.

Ray Mitar
Ganksters Inc
#51 - 2013-10-17 05:50:37 UTC
Pieter Tuulinen wrote:
The evidence is generally revealed at the trial - in Gallente proceedings it is sometimes revealed to the defence counsellors beforehand.

People have asked how he could possibly be facing charges for defending himself - based on my own tenure as a law enforcement agent, I've simply answered that question. No I wasn't there. No I don't have access to the charges or the evidence against him. Yes I have seen similar situations over the border in the State - have been the arresting officer. Have given evidence to the tribunal.

Should he be charged for defending himself? Not according to Gallente law.

Could he have been charged for offences arising from circumstances surrounding his defence of his person? Yes, absolutely he could have.
You voice reasoned points. I will wait to see what evidence is presented. I have no law enforcement experience. In fact I usually work on the other side of that line.

Not in Caldari space however. I play by the rules there and conduct only legitimate business practices within the confines of the state.
Pieter Tuulinen
Societas Imperialis Sceptri Coronaeque
Khimi Harar
#52 - 2013-10-17 06:12:25 UTC
I'm glad to hear it, I always try to observe local customs when I travel too, and I understand that the 'other side' is quite small in Caldari space.

For the first time since I started the conversation, he looks me dead in the eye. In his gaze are steel jackhammers, quiet vengeance, a hundred thousand orbital bombs frozen in still life.

Anabella Rella
Gradient
Electus Matari
#53 - 2013-10-17 06:21:35 UTC
Anslo wrote:
Wait you're a citizen??


Technically, yes. My parents still reside in Cauchine, a suburb of Caille, where I grew up and lived until I left for the Republic around 17 years ago. Although I've lived in Minmatar space since then, I've never renounced my Federal citizenship. I can still vote in Federal elections, I file Federal tax documents regularly, etc. Even though I served with the Republic Army for several years I was classified as a "Friendly Foreign Military Advisor", or FMA. Due to the special relationship between the Federation and Republic there exist several exceptions that allow Federal citizens to hold positions that would normally require Republic citizenship.

In the very near future I am planning to apply to become a citizen of the Republic, however. I still have a few bureaucratic matters to take care of first.

So, yes Anslo Liberte, Egalite, Fraternite and all that jazz. You and I are countrymen united under the eagle banner.

Perhaps I'll look into dual citizenship just to annoy people and keep things interesting. Blink

When the world is running down, you make the best of what's still around.

Ray Mitar
Ganksters Inc
#54 - 2013-10-17 06:44:37 UTC
Anabella Rella wrote:
Anslo wrote:
Wait you're a citizen??


Technically, yes. My parents still reside in Cauchine, a suburb of Caille, where I grew up and lived until I left for the Republic around 17 years ago. Although I've lived in Minmatar space since then, I've never renounced my Federal citizenship. I can still vote in Federal elections, I file Federal tax documents regularly, etc. Even though I served with the Republic Army for several years I was classified as a "Friendly Foreign Military Advisor", or FMA. Due to the special relationship between the Federation and Republic there exist several exceptions that allow Federal citizens to hold positions that would normally require Republic citizenship.

In the very near future I am planning to apply to become a citizen of the Republic, however. I still have a few bureaucratic matters to take care of first.

So, yes Anslo Liberte, Egalite, Fraternite and all that jazz. You and I are countrymen united under the eagle banner.

Perhaps I'll look into dual citizenship just to annoy people and keep things interesting. Blink
I find it interesting that so many only want to define nationality through ethnicity. Sane Minmatar people freely live in and are loyal members of all three human empires of New Eden. Minmatar people contribute as productive law abiding citizens in the Caldari State, in the Gallente Federation, and in the Minmatar Republic.

For the sake of clarity I do not accept the inhuman slavery cultists as a human empire of New Eden. I do not classify those held in horrific bondage by the inhuman slavery cultists as being their loyal members. Clearly any Minmatar serving willingly those Amarr monsters are not sane.
Kyllsa Siikanen
Tuonelan Virta
#55 - 2013-10-17 11:49:23 UTC
If three people attacked me, with obvious intent to do me harm on the basis of my ancestry alone, I would ask, nor expect, any quarter from them. I would be terrified, thinking irrationaly, angry, and so charged with adrenalyne that I would not be able to think, speak, or do much at all besides focus on defending myself and hurting my attackers.

Pieter, I dare say you might do the same. Why? Because this is what biology programs us to do in such an instance. The Brutor are trained in martial traditions from birth; doing what he did is probably as automatic for him as drawing breath for you or I.

We do not know the circumstances, true. However, this feels more and more like a political statement and less like any sort of actual justice process with every day which passes.

“Crying is all right in its own way while it lasts. But you have to stop sooner or later, and then you still have to decide what to do.” 

― C.S. Lewis 

Constantin Baracca
Societas Imperialis Sceptri Coronaeque
Khimi Harar
#56 - 2013-10-17 12:35:09 UTC
Kyllsa Siikanen wrote:
If three people attacked me, with obvious intent to do me harm on the basis of my ancestry alone, I would ask, nor expect, any quarter from them. I would be terrified, thinking irrationaly, angry, and so charged with adrenalyne that I would not be able to think, speak, or do much at all besides focus on defending myself and hurting my attackers.

Pieter, I dare say you might do the same. Why? Because this is what biology programs us to do in such an instance. The Brutor are trained in martial traditions from birth; doing what he did is probably as automatic for him as drawing breath for you or I.

We do not know the circumstances, true. However, this feels more and more like a political statement and less like any sort of actual justice process with every day which passes.


Remember, Kyllsa, that the law essentially serves the same purpose as religion in the otherwise agnostic Gallente Federation. Without having a strong spiritual and moral code, the Gallente wrote their own in their legal codices. As such, they're not going through the trial because it's necessarily fair to do so. Plenty of people think that if three people attack one person then the three people end up dead, that is justice. The Gallente need to follow the letter of their law, though, and thus if, at any point, those three people were not attackers, then the Matari is a murderer in the eyes of the Federation. It isn't necessarily a case of the Gallente persecuting this as a matter of racial purity (obviously, that's just the reason we're hearing about this one case instead of following every one of the self-defense legal defenses in the Federation) as much as it is about having to strictly follow their moral compass. To the Gallente, he needs to go to trial, whether it's just or not. That's simply a part of their culture.

I think, in the end, your culture is no excuse for breaking the law. As a traveler in foreign spaces myself, I can't go to a government official and say, "I am Amarrian, I have learned to do such-and-such, therefore you will respect my cultural right to do so." When you are in the Federation, or any empire, you need to do as the Gallente do to an extent. I may have aversions to certain things that are legal here. Drip use among commoners in the Amarrian Empire would instantly make it my duty to personally do something about it given even my rather unremarkable position. In the Gallente Federation, I simply have to call the police if it is illegal and ignore it if it is one of the many legal substances that can be abused. All citizens aren't necessarily seen to be tasked with civic law enforcement by station, they employ people to do that.

So whether this Brutor is guilty or not, or whatever reasons he is guilty or not, or whether we even think the law by which he is judged is just or not, those are all inconsequential. What he did is cause for a judicial inquest where he is by the law he was subject to at the time. There isn't any other way it can be. If he didn't want to be subject to the laws there, his only options would be to change the laws or leave the Federation. Now, right or wrong, he's at the mercy of the jury and the court.

One thing about the Gallente system, though, is that jury trials give some room for interpretation. If his entire jury thinks the way you do, whether or not it's necessarily true according to law, he will go free.

"What good will it be for someone to gain the whole world, yet forfeit their soul? Or what can anyone give in exchange for their soul?"

-Matthew 16:26

Kyllsa Siikanen
Tuonelan Virta
#57 - 2013-10-17 13:06:15 UTC
So basically, you typed all of that to say... whatever you were trying to say, and you did not address the pointt that this IS a political statement.

One's background most certainly matters in court cases; that's usually what defines a hate crime, which is what those men were attempting to commit.

I love how no one seems to care about that, simply that "this guy must be punished because he killed people!"

I do hope our wonderful leaders here in the Republic dont attempt to commit a perfect trifecta of stupid in the meantime.

“Crying is all right in its own way while it lasts. But you have to stop sooner or later, and then you still have to decide what to do.” 

― C.S. Lewis 

Constantin Baracca
Societas Imperialis Sceptri Coronaeque
Khimi Harar
#58 - 2013-10-17 13:12:40 UTC
Kyllsa Siikanen wrote:
So basically, you typed all of that to say... whatever you were trying to say, and you did not address the pointt that this IS a political statement.

One's background most certainly matters in court cases; that's usually what defines a hate crime, which is what those men were attempting to commit.

I love how no one seems to care about that, simply that "this guy must be punished because he killed people!"

I do hope our wonderful leaders here in the Republic dont attempt to commit a perfect trifecta of stupid in the meantime.


I suppose in more simple terms, what I said is that this is not a political statement. We are simply more aware of it for political reasons. There are plenty of people in the Federation on trial for similar things right now. We aren't paying attention to them because this man is a member of a minority.

Just or not, if you kill people in the Federation and they have any cause to question your motives, you go to trial. It is as simple as that. Whether he was justified in killing them is not a relevant issue. What is at issue is whether he killed people according to the proscribed manner of the law.

I hope that clarifies what I said somewhat.

"What good will it be for someone to gain the whole world, yet forfeit their soul? Or what can anyone give in exchange for their soul?"

-Matthew 16:26

Seriphyn Inhonores
Elusenian Cooperative
#59 - 2013-10-17 13:28:28 UTC
Yes, I do hope people realize this man is not the only man on trial out of the hundreds of billions of Federation citizens. He's probably not the only Minmatar student, either, and this is likely not the only case for "hate crime" (never heard of the term myself; I was under the impression many crimes were motivated by hate). At the same time, there are trials going on for an Intaki who attacked a Jin-Mei based on racial motivations, a Jin-Mei who attacked a Jin-Mei based on caste discrimination, a Caldari who attacked an ethnic Gallentean based on historical animosity, and an ethnic Gallentean who attacked a Minmatar for being an asocial ****.

It's typical reactionary behaviour from us Gallenteans to descend into some introspective existential crisis when ONE trial out of HUNDREDS of planets and BILLIONS of people is some sort of empire-wide scandal. Racism is a facet of human nature, and each citizen AND signatory has the responsibility to deal with it in their own way.
Anslo
Scope Works
#60 - 2013-10-17 13:57:32 UTC
Anabella Rella wrote:
Anslo wrote:
Wait you're a citizen??


Technically, yes. My parents still reside in Cauchine, a suburb of Caille, where I grew up and lived until I left for the Republic around 17 years ago. Although I've lived in Minmatar space since then, I've never renounced my Federal citizenship. I can still vote in Federal elections, I file Federal tax documents regularly, etc. Even though I served with the Republic Army for several years I was classified as a "Friendly Foreign Military Advisor", or FMA. Due to the special relationship between the Federation and Republic there exist several exceptions that allow Federal citizens to hold positions that would normally require Republic citizenship.

In the very near future I am planning to apply to become a citizen of the Republic, however. I still have a few bureaucratic matters to take care of first.

So, yes Anslo Liberte, Egalite, Fraternite and all that jazz. You and I are countrymen united under the eagle banner.

Perhaps I'll look into dual citizenship just to annoy people and keep things interesting. Blink

Boy that...make..I....what?

[center]-_For the Proveldtariat_/-[/center]