The North Pacific v. Madjack

12. "Fraud" is defined as an intentional deception, by falsehood or omission, made for some benefit or to damage another individual.
22. "Conspiracy" is defined as planning, attempting, or helping to commit any crime under this criminal code.
23. "Gross Misconduct" is defined as the violation of an individual's legally mandated sworn oath, either willfully or through negligence.

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Crushing Our Enemies:

The defendant has pled guilty to the following two counts, and does not contest the facts as I've laid them out in the indictment:

1. Conspiracy to commit Fraud: Madjack planned to falsely cast El Fiji Grande as a spy, to damage his reputation and reduce his chances of being elected delegate. Madjack would benefit from this outcome, because he disagreed with El Fiji Grande's delegate platform, and is also a candidate for delegate himself.
2. Conspiracy to commit Gross Misconduct: In this criminal plot, after Madjack had assumed the delegacy, he planned to continue to act outside the interests of The North Pacific, and under the influence of a foreign power, by offering the NPO a favorable treaty, influence on our military actions, and influence on our WA vote, in exchange for their assistance in helping him perpetrate the above crimes and win the delegate election.

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The defendant has said repeatedly that he will make no excuses for these actions, and is willing to take full responsibility for them. In his own sentencing recommendations, he submits that his actions were "extremely unacceptable" and multiple character references he submitted qualified their praise by saying that the mitigating factors do not excuse his crimes. Therefore, while I do not dispute the mitigating factors or the words of the character references, I find that I have come to quite a different conclusion about what the severity of the sentence should be.

Your honor, the plain truth is that criminal trials are not about what the defendant has done right, but what the defendant has done wrong. When sentencing for Conspiracy, the Court must consider what the sentence would be for the original crime, and imagine what would have happened had Madjack's plans come to fruition.

Aggravating Factors

1. Possibility of Spoiling the Election: Nothing is more important to the health of a democracy than free and fair elections. Had the NPO reacted differently to the defendant's proposition, it is possible that the defendant's plans would have come to fruition, and El Fiji Grande's standing in the region would be damaged, and Madjack would have won the election on the basis of his fraudulent claims, with the support of the NPO. This would be nothing short of a monumental betrayal of the citizenry and the region itself, and damaging to the very fabric of our democracy.
2. Possibility of Blackmail by a Foreign Power: Let us continue to imagine that the NPO did not reject Madjack's plans, but in this scenario Madjack comes to them the next day withdrawing his proposal and asking that they forget the whole thing. He goes on to win the election. Now, damaging screenshots documenting criminal activity of our sitting delegate are in the hands of the NPO. Who is to say they don't attempt to leverage this material as blackmail to influence Madjack's behavior in office? In this way, we can see that the potential fallout of Madjack's actions go beyond the planned criminal activity - there could have been other damaging consequences not even considered.

Sentencing Recommendation for Conspiracy to Commit Gross Misconduct

Gross Misconduct will be punished by removal from office and the suspension of voting rights for whatever finite duration the Court sees fit.

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Conspiracy will be punished by a sentence strictly less than what would be appropriate for the original crime.

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Before a sentence for Conspiracy can be devised, it must first be considered what would be an appropriate sentence for the original crime. In this case, the question is: what would be an appropriate sentence for the delegate selling their WA vote, military operations, and a treaty to the NPO for personal benefit? I imagine it would be quite severe - removal from office and a suspension of voting rights for at least a year, I would think, perhaps longer. In light of the mitigating factors, and the fact that this is a conspiracy charge, rather than gross misconduct itself, I would drop that to four months, in addition to removal from any government positions that Madjack holds at the time of sentencing, which may be none at all.

Recommendation: Removal from office and suspension of voting rights in elections and the Regional Assembly for four months.

Sentencing Recommendation for Conspiracy to Commit Fraud

Criminal acts may be punished by restrictions on basic rights, in a manner proportionate to the crime at the discretion of the Court unless specified in this chapter.

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Conspiracy will be punished by a sentence strictly less than what would be appropriate for the original crime.

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Before a sentence for Conspiracy can be devised, it must first be considered what would be an appropriate sentence for the original crime. In this case, the question is: what would be an appropriate sentence be for a candidate for delegate, with the help of a foreign power, to defraud the citizenry into thinking that their principal opponent in the election is a spy? I consider this to be the more serious of the two charges, because of the effect it could have had on the election. If successful, the citizenry might have never known that they were duped, and would be permanently deprived of a fair choice, untainted by misinformation. I believe the Court has a duty to signal to candidates that when their ambitions outweigh their conscience, lying to the citizenry has the potential to destroy their political ambitions rather than further them. If such a fraud had actually been committed, I would recommend that the Court restrict the candidate from running for elected office for sixteen months, spanning four general election cycles, as well as a suspension of citizenship for a portion of that time, perhaps half. In light of the mitigating factors, especially the defendant's apology to El Fiji Grande, and his public statements of trust in El Fiji Grande, I would reduce that a restriction on running for elected office for two general election cycles, and no suspension of citizenship.

Recommendation: Restriction on running for elected office until after the January 2020 general election cycle.

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Madjack:

Your Honours,

The Court of The North Pacific has the solemn duty of sentencing Madjack following his plea of guilty to two charges:

1. Conspiracy to commit gross misconduct, contrary to section 1.3(12) of the Legal Code of The North Pacific; and
   
   
2. Conspiracy to commit fraud, contrary to section 1.8 (23) of the Legal Code of The North Pacific.

According to the Penal Code, criminal acts may be punished by restrictions on basic rights, in a manner proportionate to the crime at the discretion of the Court unless specified in this chapter. The sentence for fraud is not specified, as such, Chapter 2(1) applies in full.

Chapter 2(8) specifies that Gross Misconduct may be punished by removal from office and the suspension of voting rights for whatever finite duration the Court sees fit.

The final consideration with respect to the legal code is to the matter of conspiracy, the substantive subject of both charges MadJack has entered pleas of guilty to, states that the sentence must be strictly less than would have been appropriate for the original crime.

Circumstances of the offending:

The facts are set out in the indictment filed by Attorney General Crushing Our Enemies, and are generally accepted by the offender.

Personal Details

MadJack first joined The North Pacific in 2013. Since joining The North Pacific, Madjack has been a long standing citizen and before that a member of the Regional Assembly. Even when Madjack was unable to play NationStates any further, a punishment he accepted responsibility for and has since had successfully overturned, Madjack continued to serve The North Pacific community.

Madjack is one of, if not the, chief architect of the sustaining of the Role Play community in The North Pacific community. Madjack demonstrated a tireless dedication to curating, developing and supporting The North Pacific’s roleplay community. First as a roleplayer, then as a Deputy Minister of Culture, and finally as the lead roleplay moderator - a position he continues to hold to this day.

Madjack has gone on to serve in The North Pacific Army with distinction. Madjack achieved the rank of Corporal before he retired earlier this year. Since then, Madjack has served as Minister of Culture, a role he stepped down from as a demonstration of remorse for his recent actions.

This history of service and dedication to The North Pacific goes a long way to show that Madjack was a widely respected member of The North Pacific and a person of fundamentally good character.

Mitigating Factors

In my respectful submission, there are a number of mitigating factors that the Court ought to take into consideration when sentencing Madjack.

1. Plea of Guilty
It is submitted that Madjack entered a plea of guilty at the earliest possible opportunity. We accept that this was in the face of a strong case by the Attorney General. Nevertheless, it cannot be understated that this plea of guilty presents a clear utilitarian benefit to the community and has prevented wasting the Court’s time on this matter. The plea of guilty, we submit, is evidence of an acceptance of responsibility on behalf of Madjack for his actions. There has been no attempt by Madjack to excuse his actions or to suggest that this did not occur. Madjack has taken full responsibility for his actions and this is reflected in his plea of guilty.

I respectfully submit that the Court ought to take into consideration Madjack’s early plea of guilty when mitigating the severity of the sentence imposed.

2. Remorse
Madjack has shown clear remorse and regret for his actions. This is not only evidenced by his plea of guilty, but also by his direct apologies to the Delegate of The North Pacific, Ghost (Pallaith) and to El Fiji Grande, Minister of Communications and candidate for Delegate of The North Pacific. We submit that the remorse for his actions is relatively unheard of in previous cases heard by the Court of The North Pacific.

Madjack is not an unapologetic, excuse making, perpetual couper, or advocate for treason against legitimate governments. He is a deeply remorseful and regretful individual who accepts that his actions were extremely unacceptable and takes full responsibility for those actions.

3. Criminal Record
Madjack has no criminal record and has never been convicted of a crime.

4. Risk of reoffending
MadJack's prior good character within The North Pacific, his early plea of guilty, his clear remorse, and his lack of a criminal record all demonstrate that Madjack ought to be considered a very low risk of reoffending. As such, the need for specific deterrence on the part of the Court is not arisen in this particular case. In turn, we submit that as such, the Court should not impose a more severe sentence on the basis that Madjack is a very low risk of reoffending.

5. Character References

We submit the following character references on the part of the offender to assist the Court in the determination of sentencing. I note for the Court’s reference that there was a very large pool of individuals willing to provide references in support of Madjack’s prior good character and in acceptance of what has transpired. Nevertheless, the below are the character references most relevant to this matter and most useful to the court:

1. Prydania, Roleplay Moderator & Minister of Culture

Spoiler: Character statement

I came back to TNP in the summer of 2017 to partake in roleplay. This was a daunting experience. Not only had it been a while since I had committed myself to roleplay? I was entering a new roleplay community. I was breaking with my long-time NS home of Taijitu to venture outside of my comfort zone.

That’s when I met St. George. At first? I only knew him as the lead TNP Forum RP mod and an active RPer. He and I didn’t really RP in the same areas. As for me? I was still hesitant to integrate myself into the RP community despite my renewed enthusiasm for the hobby. St. George took the initiative to reach out, getting me to feel more comfortable within the community and helping me feel more relaxed as I grew to become part of the RP scene.

He also proved to be a very a trustworthy mod. As a new player? There’s always a hesitancy to go to moderation out of fear of overreacting to certain things the community itself accepts. Is that thing that seems like a problem really a joke? Have I been around long enough to have the right to complain? St. George, however, was willing to listen to any concern I found myself having. It’s something I’ve found myself noticing even today. St. George will, without hesitation, offer to listen to any and all complaints or suggestions RP community members have. As a mod myself? Both here and elsewhere? I know the dangers that come with that sort of request. You’re opening yourself up to a lot of headache. And yet he does it in the name of ensuring this community is the best it can possibly be.

I was named a RP mod in early 2018. Before that year was out? I, along with Sil Dorsett, were elevated in status to co-number twos behind St. George himself as far TNP Forum RP moderation went. A position I hold to this day. The trust St. George placed in me is nothing short of amazing. Yes, I’d proven myself as a RPer by then, but a good RPer does not necessarily make for a good RP moderator. Yet he trusted me, despite not even having been in the community for a year.

In that time? I’ve worked with St. George day in and ay out to make the TNP Forum RP community one of the best in NationStates. He trusted me, and I’m ecstatic to be working for him in this capacity. Since becoming a mod? I’ve seen a more full picture of just what St. George does for the RP community here in TNP. He takes it all on his shoulders. Even with myself, Sil, and the rest of the mod team. It’s all on him. He’s the guy who runs point on everything. Be it minor map issues or dealing with the massively toxic fallout of the Hardy/Ry drama. St. George takes point because he’s committed to making this RP community amazing. I’m there in the thick of it, and I can say his dedication is unmatched. He’s not only taken on this burden, he’s excelled because of it.

TNP RP is renowned in NS thanks to his efforts. We boast some of the best world building this game has to offer. We’ve got active, passionate people who will talk your ear off for hours on their nation’s history if you let them. Would these people exist without St. George? Sure, yeah they would. A RPer, however, can only properly flourish with a stable, supportive environment. St. George works himself to the bone to make that we have that in TNP.

None of this excuses what he did, of course. He made a mistake. Beyond a shadow of a doubt. What am I am writing for, however, is to state for the record that very few people in TNP can claim a track record of dedication equal to St. George. I dare say we have the best RP community in NationStates. I really would. And it’s all thanks to his efforts.

~ Prydania, 5 May 2019

2. Tlomz, Minister of World Assembly Affairs

Spoiler: Character statement

To the Citizenry of The North Pacific and whomever else this may concern,

I am Tlomz, also known as Kranostav, the sitting Minister of WA Affairs. Madjack and I have known each other for over a year and a half now in The North Pacific. I'll be the first to admit that we never got along at the beginning, as we both would be at each other's throats in debates and that conflict would sometimes leak out in the agora and other non-debate areas. However, being his most avid critic over our continuous debates, flame wars, and incessant name calling we threw at each other, a bond formed. We slowly became friends who would still go at each other to no end on politics but never take anything that was said out of that channel. As time progressed, I would talk and hangout in VC with him in the RP server and we would talk and share memes and jokes in DMs.

MadJack has shown commitment and caring about TNP and her citizens, especially me as a young RPep who had constant questions and was fairly lost. MJ gave unwavering support to this community and works tirelessly to build RP to what it is now, being that it is considered the best RP community in the GCRs and one of the best in NationStates. For a player who was formerly DoSed, MadJack stuck with NS and did what work he could to help TNP given his position at the time. I vividly recall the day that he had received notice that his DoS was being lifted; I was among this first people he told. Despite him never explicitly saying so, he was beyond excited to be involved in NS and TNP as a citizen again. The passion he was once able to put towards RP was now going to be extended to all his other endeavors within the citizenry. I helped him with his first campaign last term. He possessed nuanced ideas and wanted to give real change to the region, inspiring those who he previously worked with. MadJack is the type of person who will make your voice heard and opinion powerful, while not looking down on your ideas despite playing NS as long as he has.

While I am disappointed in the actions of late, finding them unacceptable. I implore you to not cast aside the quality character that MadJack possesses, nor disregard the countless amount of time spent making The North Pacific a better place, both in RP and as a member of the citizenry.

I do not make excuses for the actions that have occurred nor for what may come of them, but I stand with MadJack.

Once MadJack's most avid critic,
Tlomz
5 May 2019

3. Syrixia, Citizen, Former Minister of Culture

Spoiler: character statement

I know Madjack from the TNPRP community, where I have been a member for over 4 years. I’m a member of the RP Conclave, which decides on matters relating to canonicity issues in RP, so I work with him closely, as he is the head RP Moderator.

Throughout all that time, he has shown himself to be wise, compassionate, honest, and just generally a fun guy to be around. He has shown his caliber to me and to others time and time again, and my trust in him remains strong.

Everyone makes mistakes, and I think we all can accept that MJ physically did the things he pled guilty to. The DMs clearly show that it's clear as day, and MJ himself has accepted that and shown remorse for his actions.

Based on the facts of the case, I think it is also clear that the Court should be lenient in this matter when it comes to sentencing. I continue to believe that Madjack is a good person, I continue to trust him and admire him, and I do not believe for a moment that he is liable to commit these crimes again.
~ Syrixia, 4 May 2019

4. El Fiji Grande, Minister of Communications

Spoiler: character statement

MadJack is an integral member of our community, and has shown tireless commitment to The North Pacific in the time I’ve been here. He is strong in character, and and it shows. While his recent actions are inexcusable, he has done a great job owning up to them. He has shown a willingness to take responsibility for his actions, and that should not be casually disregarded. It takes courage and good will to do so. I believe that the court should be merciful in its sentencing.

~El Fiji Grande
6 May 2019

General Submissions on Sentence

We submit that the sentence imposed must bear a proper relationship to the overall criminality involved in all of the offences, when viewed in their entirety and having proper regard to the circumstances of the case.

Secondly, the Court should not in this case impose a sentence that may be considered to be crushing - one that would deny Madjack the opportunity of any reasonable contribution to The North Pacific at the conclusion of the sentence.

The practical effect of the above submissions is that we ask the Court to not ordinarily arrive at an aggregate sentence that would simply be adding up the terms for each of the counts Madjack has pled guilty to.

This case has a significantly reduced demand for retribution and specific deterrence to the offender - who has pled guilty and accepted all responsibility for their involvement in these actions. As such, we submit that the offending perpetuated by Madjack is at the lower end of the type of offending that The North Pacific is familiar with under these provisions.

Comparative Cases

We seek to rely upon the following broadly comparable cases. These sentences imposed provide a reference point for the Court in ensuring a broad consistency in sentencing.
1. The North Pacific v Tomb, 2016

• Tomb was convicted of gross misconduct in regards to their duty as Delegate of The North Pacific in seeking to suppress the rights and liberties of another nation. Tomb was sentenced to a term of three months following a trial before Justice Plembobria.

• On 8 May 2015, Flemingovia applied to join The North Pacific Army by posting an oath in the designated thread. Flemingovia was contacted by the Minister of Defence, Eluvatar, with concerns over his application.

• Evidence was submitted that showed debate regarding his application to join the NPAF because of perceived negative comments regarding TNP military actions made by Flemingovia on The North Pacific forums.
  
  
• The Minister of Defence advised Flemingovia that the Delegate wished for Flemingovia to cease his negative commentary on the actions of The North Pacific Army and stipulated that his acceptance into the NPA was based on his acceptance of this condition.

• The Delegate was shown (by the Minister of Defence) the relevant sections of the bill of rights and advised that this would violate Flemingovia’s rights.

• The Delegate did not enter a plea of guilty and showed no remorse for their actions. The Delegate demonstrated an at best disinterested position towards the trial before the Court, and at worst, an outright contempt for the proceedings by choosing to offer no defence and to not comply with court deadlines.
  
  
• The offending by Madjack is not as severe as the offending perpetuated by Tomb in his matter. Furthermore, unlike Tomb, Madjack has accepted full responsibility for his actions and entered a plea of guilty - saving the region and the Court the time and stress of a lengthy public trial.
  
  
• We respectfully submit that the penalty imposed on Madjack ought to be less than that imposed on Tomb, taking into consideration that Madjack is only convicted of conspiracy, his plea of guilty, remorse, and acceptance of responsibility.

2. The North Pacific v. The Swedish Republic of New Kenya, 2016

• The Swedish Republic of New Kenya was convicted before Justice Eluvatar following a late plea of guilty to Conspiracy to Commit Gross Misconduct. The Attorney General at the time dropped the other charges of Treason, Fraud, Gross Misconduct, Conspiracy to Commit Treason and conspiracy to Commit Fraud.

• The Swedish Republic of New Kenya registered on The North Pacific forums as tSRoNK and committed multiple offences against the Criminal Code of TNP in the course of attempting to subvert its democratic governance.
  
  
• In June of that year, New Kenya engaged Pierconinum, at the time Delegate of the Pacific in a telegram exchange. New Kenya attempted to reach an agreement with Pierconium regarding a plan for New Kenya to win the Delegacy in the May 2016 elections for Delegate and in return, transform The North Pacific into one of the Pacific’s satellite regions.

• New Kenya suggested that the region should be flooded with votes in order for this to occur. Pierconium promptly presented this information to TNP’s security apparatus.

• In August of the same year, New Kenya later made a similar offer to Aleisyr, who was not a citizen of TNP. Again, New Kenya’s plan was to stand in the September 2016 elections for Delegate and should he win, serve as merely a figurehead while Aleisyr would act as the “true ruler”.

• The Court at sentencing presented an unnecessarily convoluted ruling. Essentially this stated that if New Kenya applied for citizenship in the next 10 months from sentencing, their voting rights would be suspended for two months. Otherwise if they join within the next year, their voting rights would be suspended until one year from the date of sentencing (November 14 2016).

• The offending in this case was far more serious than the offending of Madjack. New Kenya was participating in a drawn out conspiracy that involved engaging with external parties with several months between each offence. The offender demonstrated no remorse and entered a plea of guilty at a very late point in the trial, and subsequently never returned to The North Pacific.

• In contrast, Madjack’s offending in this case was limited to one evening following a night of heavy consumption of alcohol. Madjack has apologised to those involved, shown clear remorse, and entered a plea of guilty at the earliest possible opportunity. We submit that the penalty imposed on Madjack ought to be lower than that imposed on New Kenya.

Sentencing Disposition

We respectfully submit that the sentence Madjack receives should reflect the overall criminality of his offending and should not be a crushing sentence. Madjack has accepted his criminal responsibility through his pleas of guilty and his direct apologies, he has clearly indicated a willingness to rehabilitate himself and to continue to meaningfully contribute to The North Pacific.

It would reflect a fair exercise in the sentencing discretion of the Court, were it to now order for a minimum possible sentence to be imposed against Madjack.

Madjack has never been convicted of any crime before.

For those reasons and the broadly comparable cases referred to in these submissions, the offender submits that a punishment at the lower end of the scale would be appropriate and reflective of Madjack’s overall criminality in all the circumstances of the case.

We respectfully submit that an appropriate sentence in this matter would be a suspension of Madjack’s voting rights for a period of 2 months, commencing from the date of sentencing. Removal from office is not applicable as Madjack is not an office holder as he has resigned his position as Minister of Culture prior to this matter proceeding to sentencing.

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