Supreme Court of eCanada - april 3 update

Day 1,230, 10:33 Published in Canada Canada by olivermellors

The case of MG is due to begin April 7. We no longer have a constitutional requirement that cases must last a minimum of three days. It would be best if the matter was disposed of very quickly. As it is being handled by a single judge, the decision is subject to appeal to the full panel. The Court will likely issue directions for use on appeals in the next few days.

The player having admitted his behavior, the central matter to be decided is penalty. It would be very useful if the government appointed someone to appear and express opinions about the range of appropriate penalty. Or, the community can just sit in the weeds and complain after the fact. That isn’t very useful, however, unless the agenda is to snipe and scoff no matter what.

As the chief executive, the president has a responsibility in this case: to ensure that the court is assisted in finding a reasonable disposition. The Congress, which appears to have enthusiastically accepted and laconically pursued jurisdiction in matters of justice, has an equal responsibility. Members of the community, the ultimate victims of MG’s little adventure, may wish to participate in crafting the sentence to be imposed. All are invited to PM me in-game or on the forums so that representative can be appropriately masked.

To promote assistance which is focused and useful, it would be good to be mindful of the relevant issues on sentence. The matters most likely relevant in this case include:
1. Public denunciation;
2. Personal and public deterrence from future such episodes;
3. Rehabilitation and re-entry into the community;

“who is the offender”, “what is the offender’s history of service/harm to the community”, “what specifically happened and why”, “how can the community be put whole”, are all questions which address those issues. I strongly suggest submissions give those questions pride of place. I like concrete.

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It would be perfectly reasonable for some to wonder, indeed for some of the judges to wonder, "what the heck is he doing trying this case as a one man show?.... are the other judges being ignored and cut out?".

The decision to assign this case to a single judge was motivated by a desire to develop the proceedure for appeals. All matters decided by a single judge are subject to appeal, and this one will almost certainly be referred, by me, to the full panel by way of appeal. That will allow us an opportunity to elaborate and experiment with appeal process. Reform doesn't have to wait for a crisis; it is best done in an orderly, principled fashion.