The Dark Witch: An Issue Regarding Sentencing

[Galloism]

Two wrongs don't make a right.

Are you dying to school should also be sued then?

Possibly.

Presuming this world has magical police (those are going to be necessary in any world with magic), when the witch became trapped in the mirror they, as a perpetrator, were disabled. At this point, force likely to cause grievous bodily harm is not authorized. Similarly, if they had extracted her from the mirror with binding spells capable of holding her, then draining her of her magic was not necessary either - as they had her effectively restrained. Again, force likely to cause grievous bodily harm is not authorized.

If there were a heat of the moment drain - as in, she's hurling fireballs and lightning bolts and in an effort to stop her they drained her, that would be different - as it would be self defense. What you described was not self defense.

[Infected Mushroom]

How does it work?

If trauma happens but justice is served, that doesn't erase the experience of trauma in any conceivable way. If I'm terrorized by a terrible person but manage to turn the tables at the end, do you think I will simply forget that terror?

From my understanding of myself

If I get massively and unfairly stepped on by a boss repeatedly and I feel I never got the upper hand, I will get traumatized

But if the same thing happened but in the end I massively turn the table and end up doing far more damage, I wouldn’t be traumatized because I would see it as a win and not a loss

I can’t speak for all contexts

[Infected Mushroom]

Are you dying to school should also be sued then?

Possibly.

Presuming this world has magical police (those are going to be necessary in any world with magic), when the witch became trapped in the mirror they, as a perpetrator, were disabled. At this point, force likely to cause grievous bodily harm is not authorized. Similarly, if they had extracted her from the mirror with binding spells capable of holding her, then draining her of her magic was not necessary either - as they had her effectively restrained. Again, force likely to cause grievous bodily harm is not authorized.

If there were a heat of the moment drain - as in, she's hurling fireballs and lightning bolts and in an effort to stop her they drained her, that would be different - as it would be self defense. What you described was not self defense.

They lifted her out of the mirror to ask her some questions and also to punish her, utilizing the harsh pro-property-owner rights of the school in the wizarding world. Once she was lifted out of the mirror, it is unclear whether or not she MAY have been able to escape from the levitating bind eventually in the absence of a magical drain, but the drain was a bit of a disproportionate act.

[Galloism]

Possibly.

Presuming this world has magical police (those are going to be necessary in any world with magic), when the witch became trapped in the mirror they, as a perpetrator, were disabled. At this point, force likely to cause grievous bodily harm is not authorized. Similarly, if they had extracted her from the mirror with binding spells capable of holding her, then draining her of her magic was not necessary either - as they had her effectively restrained. Again, force likely to cause grievous bodily harm is not authorized.

If there were a heat of the moment drain - as in, she's hurling fireballs and lightning bolts and in an effort to stop her they drained her, that would be different - as it would be self defense. What you described was not self defense.

They lifted her out of the mirror to ask her some questions and also to punish her, utilizing the harsh pro-property-owner rights of the school in the wizarding world.

And punishing is a matter that should be left to the courts. If you are saying that they ARE the court, then I would argue an alternate court of competent jurisdiction should do the punishing, as the aggrieved party should not be the one to do sentencing.

Once she was lifted out of the mirror, it is unclear whether or not she MAY have been able to escape from the levitating bind eventually in the absence of a magical drain, but the drain was a bit of a disproportionate act.

Then they should have left her in the mirror until the police arrived.

[Infected Mushroom]

They lifted her out of the mirror to ask her some questions and also to punish her, utilizing the harsh pro-property-owner rights of the school in the wizarding world.

And punishing is a matter that should be left to the courts. If you are saying that they ARE the court, then I would argue an alternate court of competent jurisdiction should do the punishing, as the aggrieved party should not be the one to do sentencing.

Once she was lifted out of the mirror, it is unclear whether or not she MAY have been able to escape from the levitating bind eventually in the absence of a magical drain, but the drain was a bit of a disproportionate act.

Then they should have left her in the mirror until the police arrived.

because there's a tendency for the aggrieved party to go overboard?

[Galloism]

And punishing is a matter that should be left to the courts. If you are saying that they ARE the court, then I would argue an alternate court of competent jurisdiction should do the punishing, as the aggrieved party should not be the one to do sentencing.



Then they should have left her in the mirror until the police arrived.

because there's a tendency for the aggrieved party to go overboard?

Yes. Obviously.

As a pretend law student you should know why the legal system was set up with a neutral arbiter in both civil and criminal cases.

[Infected Mushroom]

because there's a tendency for the aggrieved party to go overboard?

Yes. Obviously.

As a pretend law student you should know why the legal system was set up with a neutral arbiter in both civil and criminal cases.

My 3 years in law school and my one unfortunate year in practice as an articled student have left me heavily traumatized. It was beyond horrific.

I honestly don’t want to talk about it.

[Lady Victory]

What a wild ride. I'm just happy to be here.

Life in prison for trying to kill children alone.

[Infected Mushroom]

What a wild ride. I'm just happy to be here.

Life in prison for trying to kill children alone.

even though no one was killed? Intent was enough?

[Cetacea]

the electric eels were just a tad unrealistic dont you think

However for the assault and attempted murder of an 11 year old the punishment would warrant at least 10 years inside the Mirror. Compound that with breaking and entering, destruction of property and three cases of telekinetic binding, she may well be liable for more, though I might allow 10 years non-parole then good behaviour warranting an additional 10 years of community service to the school

PS I think IMs scenarios have become my favourite part of NSG, certainly less depressing than politics

After her ordeal, she’s become really scared of mirrors.

Also, 20 years total? It’s very heavy. Not to mention... isn’t the school going to be really unbearably smug when the community service part comes up?

Would the magic be returned to her eventually or not?

I think 20 years is fair given it involves the attempted murder of 2 children and trauma afflicted on the teacher too. Besides she would spend the second 10 years in relative freedom serving the school.

The school administration might well be quite smug, but that too would be intended to reinforce to her that great power requires great responsibility - a subsuming of ones own ego to the service of others. If she proves herself reformed I might allow her to teach her skills to the students and return her a due level of power…

[James_xenoland]

Force her to become the "personal assistant" of the headmaster... (or that one really pervy kid for a few years. She'll learn a thing or two about boundaries pretty quick. lol) Additionally force her to help the school as well as other students with things like studying etc.. I mean this is a world of magic, anything is possible. Prevent her from harming anyone, that isn't in defense of herself or others, for at least a few years after all that.

[Infected Mushroom]

Force her to become the "personal assistant" of the headmaster... (or that one really pervy kid for a few years. She'll learn a thing or two about boundaries pretty quick. lol) Additionally force her to help the school as well as other students with things like studying etc.. I mean this is a world of magic, anything is possible. Prevent her from harming anyone, that isn't in defense of herself or others, for at least a few years after all that.

A few years as in less than 5?

[James_xenoland]

Force her to become the "personal assistant" of the headmaster... (or that one really pervy kid for a few years. She'll learn a thing or two about boundaries pretty quick. lol) Additionally force her to help the school as well as other students with things like studying etc.. I mean this is a world of magic, anything is possible. Prevent her from harming anyone, that isn't in defense of herself or others, for at least a few years after all that.

A few years as in less than 5?

No, didn't mean it literally. It could be as long as the magic court is allowed to give. Hell, if the crime was severe enough, make it indefinite. Only being lifted after a certain amount of time, IF conditions are met.

[Infected Mushroom]

A few years as in less than 5?

No, didn't mean it literally. It could be as long as the magic court is allowed to give. Hell, if the crime was severe enough, make it indefinite. Only being lifted after a certain amount of time, IF conditions are met.

Oh I see. And in your view, how many years would it be fair for the court to issue?

[James_xenoland]

No, didn't mean it literally. It could be as long as the magic court is allowed to give. Hell, if the crime was severe enough, make it indefinite. Only being lifted after a certain amount of time, IF conditions are met.

Oh I see. And in your view, how many years would it be fair for the court to issue?

For the crimes in this case.. I'd say ~10 years.. and remember that this is after the primary punishment and more like probation. I mean the only real effect is that they can't harm others or do general bad.

Edit: Oh wait, I totally forgot that I used "a few years" twice in my original post. For the first part, actually forcing her to do something, I would make it at least ~4-5 years.. With an additional ~10 or so under protection (to others) spell.

[Infected Mushroom]

Oh I see. And in your view, how many years would it be fair for the court to issue?

For the crimes in this case.. I'd say ~10 years.. and remember that this is after the primary punishment and more like probation. I mean the only real effect is that they can't harm others or do general bad.

Edit: Oh wait, I totally forgot that I used "a few years" twice in my original post. For the first part, actually forcing her to do something, I would make it at least ~4-5 years.. With an additional ~10 or so under protection (to others) spell.

I see. The main issue I take with your sentence is that there’s a high risk of psychological trauma for the witch.