Attn Justices: Atlasia v. Xahar

[Franzl]

I would like to bring before the court my case against Xahar for impersonating another forum member....and using that person's forum account without permission.

[bullmoose88]

Atlasia shall have no more than 48 hours to publish the formal charge/complaint (ie, what law is the defendant being charged under, the specific claimed facts of the charge [who/what is the dual account etc]).

The defendant will then enter his plea.  The court recommends that he find counsel rather than defending himself.

[Franzl]

Your honor:

The state seeks to prove that the defendant, Mr. Xahar, obtained the password to Mr. Benconstine's account, and illegally accessed this account without Mr. Constine's permission, and even used this account on at least one occasion. (Violation of CCJA, Section 1, Clause 2)

In addition to this original charge, I will provide evidence that Mr. Xahar, in the form of personal messages, attempted to impersonate the victim, Mr. Constine, in an attempt to gain information that he would not have been able to obtain otherwise. (Violation of CCJA, Section 1, Clause 1)


I bring these federal charges to court in the interest of the Atlasian public...and hope that we can begin the trial as quickly as possible.

[bullmoose88]

How does the Defendant Plea?

[bullmoose88]

The Nolo Contendre plea is not currently recognized (and feel free to correct me) under Atlasian law (statute), nor does it appear in regional law (as persuasive authority for this court).  Neither does it appear in our common law.

In American jurisprudence a nolo contendre plea has the same immediate effect as a guilty plea, even though it is not technically a guilty plea.  It usually accompanies some sort of plea bargain with the State.

This court is willing to enter the no contest plea and treat it like a guilty plea for the purposes of adjudication and sentencing.  The court warns the defendant that it may limit his right to appeal.

With this in mind does the defendant wish for the court to enter the plea?

[Franzl]

The Nolo Contendre plea is not currently recognized (and feel free to correct me) under Atlasian law (statute), nor does it appear in regional law (as persuasive authority for this court).  Neither does it appear in our common law.

In American jurisprudence a nolo contendre plea has the same immediate effect as a guilty plea, even though it is not technically a guilty plea.  It usually accompanies some sort of plea bargain with the State.
This court is willing to enter the no contest plea and treat it like a guilty plea for the purposes of adjudication and sentencing.  The court warns the defendant that it may limit his right to appeal.

With this in mind does the defendant wish for the court to enter the plea?

Your honor, I would just like to stress that absolutely no such bargain has been made.

[minionofmidas]

Wait. Where's this plea you're talking about? Did Xahar delete it himself, or was Ogis acting as his lawyer or what?

[DownWithTheLeft]

Wait. Where's this plea you're talking about? Did Xahar delete it himself, or was Ogis acting as his lawyer or what?

Xahar typed it, who actually deleted it as a good question

[bullmoose88]

Wait. Where's this plea you're talking about? Did Xahar delete it himself, or was Ogis acting as his lawyer or what?

I should have quoted it (damn for not expecting the unexpected).  Xahar pleaded Nolo Contendre in between my two posts.  While deleting a post like that frankly ticks me off, at least we werent in a stage beyond the official pleading.

I'll repeat this again for Xahar, how do you plea?

[Хahar 🤔]

I didn't delete it!

Guilty.

[bullmoose88]

The Court now asks the prosecution what sentence it would like the court to impose, and for the prosecution to inform the court what sentencing options are avaliable to it under the statute, general atlasian law, or under common law.

[Peter]

EXECUTE HIM

[bullmoose88]

I didn't delete it!

Guilty.

(for the record)

[Franzl]

Your honor,

under the Consolidated Criminal Justice Act, both offenses are punishable by a one year ban from voting in Atlasian elections and/or a two year ban from holding any public office in the Republic of Atlasia, each.

In the original Atlasia v. Keystone Phil ruling, the defendant was sentenced to one week voting ban, and six months public office ban. (on a charge carrying theoretically the same sentencing guideline)

In this case, however, two offenses were committed. Not only was an account "hacked", but the account was also used in a malicious manner (a malicious manner not evident in the above mentioned case)

The state's recommendation is:

a.) hacking the account: 3 month voting ban, one year ban from holding office
b.) impersonating the victim: 3 month voting ban, one year ban from holding office.

However, as it is clear that one offense invariably led to the other, and the defendant has admitted his guilt in a humble way, The state would be prepared to recommend that the sentences for each crime run simultaneously, in order to not disproportionally punish the defendant.

[bullmoose88]

Does the defendant have anything to say before I impose sentence?

[DownWithTheLeft]

EXECUTE HIM

[Kaine for Senate '18]

EXECUTE HIM

[Lief 🗽]

Stay classy, you two.

[Хahar 🤔]

I agree with the prosecution's description.

But none of this will matter. Au revoir.

[Gustaf]

I would like to note that there is a moderator policy of deleting the defendant's posts. So it is fully possible that this is the reason behind that mysterious deletion. In the future, these court posts will be excepted. I apologize for the inconvenience.

[minionofmidas]

Please either limit that policy to unequivocal trolls like benconstine and Ogis, or extend it to all arguably trollish posters. Which would include 20% of the Senate.

[DownWithTheLeft]

Please either limit that policy to unequivocal trolls like benconstine and Ogis, or extend it to all arguably trollish posters. Which would include 20% of the Senate.

Which one isn't the troll?  Myself, PiT, or SPC?

[minionofmidas]

Please either limit that policy to unequivocal trolls like benconstine and Ogis, or extend it to all arguably trollish posters. Which would include 20% of the Senate.

Which one isn't the troll?  Myself, PiT, or SPC?

Shouldn't be hard to guess.
I did draw a distinction between "trollish poster" and "troll" though.

[Kaine for Senate '18]

Please either limit that policy to unequivocal trolls like benconstine and Ogis, or extend it to all arguably trollish posters. Which would include 20% of the Senate.

How am I a troll?

[bullmoose88]

The court will now impose sentence.  The court can do no more than echo the words of the attorney general.  Therefore it will accept the AG's recommendation and impose the following sentence upon Xahar, the defendant:

a.) hacking the account: 3 month voting ban, one year ban from holding office
b.) impersonating the victim: 3 month voting ban, one year ban from holding office.

These two sentences, upon the AG's suggestion, will run simulataneously.

So ordered.