(05-12-2016, 04:33 AM)New Guy Wrote: You made some reasonable points in your dissertation however I cannot find where you provide any example of a felonious act committed by Nick or Hank against Hexenette. A felonious act and a conviction of such a felony are two very different things. I have requested the act, not the convicted act. IMO, even Wu has committed felonious acts. So it should be easy for you to reply to my request. I do not expect an exhaustive list, but surely you can provide a few to support your position.
New Guy
Hi New Guy-
Let me take an act that you brought up earlier, the burning of the trailer, as an example. I'll even use your words:
For example, in 4.19 Hexenette broke into Nick's trailer and set it on fire, so she is guilty of arson, a felony under Kershite law:
Your statement is a prejudicial one because you have already determined Juliette committed arson under the law. In order for this to be a felony, she has to be charged with the crime of arson, the arson has to be categorized as a felony, and she must be convicted of felony arson.
Labeling it a felonious act it still prejudging the act as a felony. All you've done is made the word an adjective. The basis of Kershite law is that a man is innocent until proven guilty. Juliette was never even charged.
The other thing that's being overlooked here is the verdict, which you are naturally assuming is felony arson. That implies a fire marshall has conclusively proven arson, that Juliette committed the arson, and the jury leveled a verdict of felony arson. That doesn't always happen. What if the jury says with the evidence found, they are reducing sentence to misdemeanor destruction of property? After all, Nick had his trailer in the forest, he wasn't living in it, and no one was in it when it was burned. I wonder if he even registered it in his name as owner or if it was still in Marie's name. Nick was rather sloppy about getting his affairs in order.
If the jury determined the evidence related more to a midemeanor, then it would not be a felony. Juliette would be guilty of a misdemeanor. So I'm still back to where I was last night. No one has committed a felony in the series because no one has been convicted of a felony. That is Kershite law.
ETA: I did exactly the same thing not long ago when I said Adalind used the spell to cause great boldily harm to Nick and so it was first degree assault. She would no more be guilty of that than Juliette because she was never charged and convicted with assault.
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