The North Pacific Vs New Chiken

Dreadton

Dreadton

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An indictment of @New Chiken has been accepted on the following Counts:

1 count of Treason
1 count of Conspiracy to Commit Treason
1 count of Gross Misconduct

The Indictment can be read here Or in the Spoiler below.
Indictment

I bring forward the following charge(s) holding that all the below is true and honest to the best of my belief.

Name of Complainant: Nutmeg The Squirrel

Name(s) of Accused: New Chiken

Date(s) of Alleged Crime(s): 15th of March - 19th of March 2024

Crime: Treason, Conspiracy to Commit Treason, Gross Misconduct.


Section 1.1: Treason

2. "Treason" is defined as taking arms or providing material support to a group or region for the purpose of undermining or overthrowing the lawful government of The North Pacific or any of its treatied allies as governed by the Constitution.

3. No player maintaining a nation in a region or organization at war with TNP may maintain a nation within TNP, or participate in the governance thereof, for the duration of hostilities.

4. At this time, The Communist Bloc and The Brotherhood of Malice are at war with TNP. At this time TNP is allied with Balder, Carcassonne, Equilism, Europe, Europeia, Greater Dienstad, International Democratic Union, Lazarus, Stargate, The East Pacific, The Pacific, the Rejected Realms, The Wellspring and the West Pacific.

5. The Speaker will update the preceding clause as appropriate.

Section 1.12: Conspiracy

26. "Conspiracy" is defined as planning, attempting, or helping to commit any crime under this criminal code.

Section 1.13: Gross Misconduct

27. "Gross Misconduct" is defined as the violation of an individual's legally mandated sworn oath, either willfully or through negligence.
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Specifics of Crime(s): The accused, New Chiken, moved a nation into Warzone Trinidad, a treaty ally of the Brotherhood of Malice, and stated that they would aid the region. The accused was a member of the North Pacific Army at the time.

Summary of Events: On the 5th of March, the North Pacific Army began their deployment in Warzone Trinidad. Control was wrested from then Native Delegate Flemingisia. Seven days later, on the 12th of March, the NPA withdrew, marking the operation complete. Warzone Trinidad was then recaptured, and Texico was elected Delegate. On the 15th, the accused moved a nation, named "Texico supporter", into the region, and began posting on the regional message board. In their posts, the accused continuously stated that they would support Texico and Warzone Trinidad in any way possible. The accused is also believed to have joined the Warzone Trinidad discord at the bequest of Texico.
New Chiken was expelled from the North Pacific Army on the 15th of March for misconduct and acting in violation of their NPA oath.

Evidence:https://www.nationstates.net/page=rmb/postid=55233817 - New Chiken states their support for Texico, and first reveals that they are Texico supporter.

https://www.nationstates.net/page=rmb/postid=55233958 - New Chiken states that they cannot provide an endorsement.
https://www.nationstates.net/page=rmb/postid=55251837 - New Chiken reveals their opposition to the NPA raid, and states support for the Native Government.
https://www.nationstates.net/page=rmb/postid=55252020 - New Chiken reinforces their support.
https://www.nationstates.net/page=rmb/postid=55254102 - New Chiken opposes The North Pacific's Foreign Affairs policy.
https://www.nationstates.net/page=rmb/postid=55255368 - New Chiken decides to join the Warzone Trinidad discord server.
https://www.nationstates.net/page=rmb/postid=55271845 - New Chiken attempts to learn what support they can offer Texico.

By my honour and by my conscience, I will endeavour to be a trustworthy and faithful soldier of the North Pacific Army. In peace and in war, I will support and defend The North Pacific and its legal system of government. If I perceive or gain knowledge of activity to overthrow the legal government of the region, I will report it to the Security Council without delay. I promise to act properly and uprightly, to obey the lawful orders of the Delegate and my superiors, to comply with the law and all military rules, and to keep the military secrets trusted in me. Should I be given a position of military leadership, I will endeavour to set a good and encouraging example to my subordinates. When deployed, I will be mindful that my actions reflect on my region, and endeavour to represent The North Pacific with honour and dignity. I swear all this freely and without reservation.

The order preserving evidence remains in effect.
 
@Dreadton will serve as Moderating Justice. @Vivanco will serve as Standby Hearing Officer.

The Defendant will be notified of the indictment and their right to counsel via DM and Nation Telegram.
The Defendant has been notified of the indictment, the criminal case, and their right to counsel via DM and Nationstate Telegram.

Delegate @Kaschovia is asked to appoint a prosecutor.
@TlomzKrano has been selected by the Delegate as Prosecutor.
@Skaraborg has entered as Defense Counsel

Plea Submission 3-21-24 til 3-28-24
Evidence Submission
Argumentation
Deliberation

This post will be updated as needed.
 
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I know this looks bad for me BUT, I did not join their discord I have not been online since I first made it months ago. I will accept being kicked from the army but being kicked for TNP will make me cry. I don't know what to do rn.
 
The Court Accepts @Skaraborg as defense Counsel. We will move into the plea phase, the Defendant has 4 days from this post to confer with Counsel and enter a plea. The court will be open to extending this time upon conference with both parties.
 
Your honour,

The defense would like to request an extension of time to enter a plea in order to engage in discussions regarding a potential plea deal with the prosecutor. The defendant’s activity has been sparser than anticipated, causing a delay and making a thorough and detailed discussion regarding a plea deal not possible until now.

Thank you for your consideration.
 
Your Honor,

The Prosecution and Defense submit the following to the court.

After deliberation, we agree to the following:
  • The Prosecution drops the charges of Treason and Conspiracy to Commit Treason
  • The Prosecution strikes the evidence submission of the fifth RMB log, described “New Chiken opposes The North Pacific's Foreign Affairs policy”
  • The Prosecution introduces two additional pieces of evidence:
  • The Prosecution accepts the Defendant’s plea of Guilty to the count of Gross Misconduct.
  • The Prosecution and Defense submit a Joint Recommendation of 2 months, Suspension of Voting Rights.

Statement of Facts​

At all times, the Defendant maintained legal citizenship in The North Pacific, as shown by their application and oath taken on January 19th, 2024.

At all times, the Defendant was a member of the North Pacific Army, as shown by their application and oath taken on January 19th, 2024.

On or around March 12th, 2024, the North Pacific Army completed their operations within Warzone Trinidad. Upon departure of North Pacific Army forces, Warzone Trinidad was retaken by adversarial forces in the ascension of Texico to Delegate.

On or around March 15, 2024, the Defendant, under the alias of Texico Supporter, began posting on the Warzone Trinidad Regional Message Board, expressing support for Texico and open opposition to North Pacific Army action.

On or around March 15, 2024, the Defendant was dismissed from their position in the NPA, citing “conduct unbefitting of a soldier”.



With this submission, both parties are ready to schedule sentencing and to submit their supporting documentation on mitigating and aggravating sentencing.
 
The defense signs the plea deal submitted by the prosecutor and is ready to schedule sentencing and to schedule arguments on mitigating and aggravating sentencing.

The defense would also like to submit a letter of apology, on behalf of New Chiken, addressed to the members of The North Pacific army:

To the members of the North Pacific Army,

I am writing to offer my sincerest apologies for my recent actions, which included criticising a former operation of the North Pacific Army and offering my support to a region allied with The Brotherhood of Malice, with whom The North Pacific is at war.

It is with deep regret and remorse that I reflect over my behaviour and the impact it has had on the reputation of the North Pacific Army.

I want to begin by expressing that at the time of my actions, I was not fully aware that my conduct was considered criminal under the laws of The North Pacific. However, since then, I have come to a clear understanding of the seriousness of my actions and the violation of trust they represent.

I understand that my decision to involve myself in activities contrary to the principles and values of the North Pacific Army was not only a violation of my oath but also a betrayal of the trust placed in me as a soldier of the NPA. My actions were inexcusable.

Sincerely,

New Chiken
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Once the Defendant post their agreement to the plea deal, we will move on to the next steps.
 
@New Chiken

You understand that you are pleading guilty to 1 count of Section if the Criminal Code, Gross Misconduct. Gross Misconduct being defined as the violation of an individual's legally mandated sword oath, either willfully or through negligence. A conviction of Gross misconduct under Penal code 2.10 results in the removal of office if any, and the suspension of voting rights for whatever finite duration the Court sees fit.

Knowing that, you confirm the following:

  1. By pleading guilty you are agreeing to the facts as stated by the Prosecution in the plea agreement,
  2. By pleading guilty, you are stating that the evidence presented in the indictment, and modified by the Prosecutions submission, is true, factual, and properly before the court,
  3. By pleading guilty, you are stating you had the opportunity to seek legal counsel and confer with them,
  4. By Pleading guilty, you are waving trial, waving the chance to challenge witnesses and evidence, and other rights entitled to you as part of a criminal trial.
  5. You understand the court is not restricted by the plea agreement and it serves as an advisory recommendation,

You confirm that you understand this and wish to plead guilty?
 
Yes I understand and wish to plead guilty your honour
Dreadton:
@New Chiken

You understand that you are pleading guilty to 1 count of Section if the Criminal Code, Gross Misconduct. Gross Misconduct being defined as the violation of an individual's legally mandated sword oath, either willfully or through negligence. A conviction of Gross misconduct under Penal code 2.10 results in the removal of office if any, and the suspension of voting rights for whatever finite duration the Court sees fit.

Knowing that, you confirm the following:

  1. By pleading guilty you are agreeing to the facts as stated by the Prosecution in the plea agreement,
  2. By pleading guilty, you are stating that the evidence presented in the indictment, and modified by the Prosecutions submission, is true, factual, and properly before the court,
  3. By pleading guilty, you are stating you had the opportunity to seek legal counsel and confer with them,
  4. By Pleading guilty, you are waving trial, waving the chance to challenge witnesses and evidence, and other rights entitled to you as part of a criminal trial.
  5. You understand the court is not restricted by the plea agreement and it serves as an advisory recommendation,

You confirm that you understand this and wish to plead guilty?
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The Court accepts the Plea of Guilty. I find that the defendant's plea is knowing and voluntary.

Does the prosecution and defense want to submit statements on Mitigating and Aggravating factors?
 
Relevant cases in regards to sentencing:

No other person in TNP history has pleaded guilty or been found guilty of violating their NPA oath by criticising an operation by the NPA and then supporting the other region. However the defence finds the case TNP vs. Northern Ardenyan as relevant, due to it sharing many similar mitigating factors with the present case. Notably, Northern Ardenyan is the only person who has been sentenced to suspension of voting rights for two months, which is the joint sentencing recommendation by the defence and prosecution in this case.


Mitigating factors:

The mitigating factors have been summarised into bullet points and the reasoning behind them explained further down below:

  • The defendant has never committed a crime before
  • The defendant is relatively new to the region, and deserves the opportunity to learn the standard of the TNP community;
  • The defendant has shown remorse and apologised for their actions through a letter of apology

The first two bullet points were both circumstances that the court took into consideration when sentencing Northern Ardenyan. The defendant has been a lawful soldier and not been part in any past misconduct, indicating that this is nothing but an isolated incident. Through the letter of apology to the court, New Chiken explained that there was no malicious intent behind their actions, but rather the result of a lack of awareness of their legal rights. It is important to highlight that their lack of knowledge of the laws in The North Pacific has not been used as an excuse for why they acted as they did. The defendant therefore deserves a chance to acclimate to the region’s standards and expectations. It is crucial to acknowledge that the defendant has shown regret and remorse for their actions by sincerely apologising to the NPA. The letter also demonstrates the defendant's commitment to the region and accountability for their actions.

Impact of Actions and Proportionality:

Furthermore the defence would also like to assess the impact of New Chiken’s actions:
There is insufficient evidence to suggest that the criticism of the NPA and support offered by New Chiken to Texico, did seriously harm the reputation of The North Pacific, its army, or any individual. Moreover, the defence would like to argue that the damage of New Chiken’s actions has been self-inflicted and will have affected their own reputation and standing in the region more than anything. E.g. The likelihood is high that they will be barred from participation in any government authority, including the NPA and the executive staff due to their actions. It would therefore be very unjust to give a higher sentence than two months to New Chiken, who has already experienced damage.

With all of these mitigating factors taken into consideration the defence finds two months suspension of voting rights as the most justifiable and proportionate sentencing.
 
Your Honor,

For the sake of brevity, this case is unique in its scope and has no recent comparable.

Aggravating Factors:
The defendant was deliberate in their actions, supporting an adversarial government at the conclusion of an operation
Ignorance of the law, NPA regulations, and the commitments of your oaths are no excuse for violation of said agreements

Mitigating Factors:
The defendant has apologized to the NPA and the region for their transgressions, accepting blame and the potential punishments
The defendant is a first-time offender

While the defendant was clearly in violation of NPA oath, their damage to the reputation of the TNP is difficult to define. They were promptly expelled once their transgressions were discovered, and their access to sensitive information was limited. As such, the Prosecution reaffirms the agreed upon two month suspension of voting rights from the plea deal.
 
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Sentencing Order of the Court of the North Pacific
Opinion drafted by @Dreadton , joined by @Eluvatar & @Pallaith ​

The Court took into consideration the relevant clauses of the Legal Code:
Gulliver:
Chapter 1 Criminal Code
Section 1.13: Gross Misconduct
27. "Gross Misconduct" is defined as the violation of an individual's legally mandated sworn oath, either willfully or through negligence.
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Gulliver:
Chapter 2 Penal Code
10. 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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The Court took into consideration the sentencing recommendation by the Prosecution:

TlomzKrano:
Your Honor,

For the sake of brevity, this case is unique in its scope and has no recent comparable.

Aggravating Factors:
The defendant was deliberate in their actions, supporting an adversarial government at the conclusion of an operation
Ignorance of the law, NPA regulations, and the commitments of your oaths are no excuse for violation of said agreements

Mitigating Factors:
The defendant has apologized to the NPA and the region for their transgressions, accepting blame and the potential punishments
The defendant is a first-time offender

While the defendant was clearly in violation of NPA oath, their damage to the reputation of the TNP is difficult to define. They were promptly expelled once their transgressions were discovered, and their access to sensitive information was limited. As such, the Prosecution reaffirms the agreed upon two month suspension of voting rights from the plea deal.
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The Court took into consideration the sentencing recommendation by the Defense:

Skaraborg:
Relevant cases in regards to sentencing:

No other person in TNP history has pleaded guilty or been found guilty of violating their NPA oath by criticising an operation by the NPA and then supporting the other region. However the defence finds the case TNP vs. Northern Ardenyan as relevant, due to it sharing many similar mitigating factors with the present case. Notably, Northern Ardenyan is the only person who has been sentenced to suspension of voting rights for two months, which is the joint sentencing recommendation by the defence and prosecution in this case.


Mitigating factors:

The mitigating factors have been summarised into bullet points and the reasoning behind them explained further down below:

  • The defendant has never committed a crime before
  • The defendant is relatively new to the region, and deserves the opportunity to learn the standard of the TNP community;
  • The defendant has shown remorse and apologised for their actions through a letter of apology

The first two bullet points were both circumstances that the court took into consideration when sentencing Northern Ardenyan. The defendant has been a lawful soldier and not been part in any past misconduct, indicating that this is nothing but an isolated incident. Through the letter of apology to the court, New Chiken explained that there was no malicious intent behind their actions, but rather the result of a lack of awareness of their legal rights. It is important to highlight that their lack of knowledge of the laws in The North Pacific has not been used as an excuse for why they acted as they did. The defendant therefore deserves a chance to acclimate to the region’s standards and expectations. It is crucial to acknowledge that the defendant has shown regret and remorse for their actions by sincerely apologising to the NPA. The letter also demonstrates the defendant's commitment to the region and accountability for their actions.

Impact of Actions and Proportionality:

Furthermore the defence would also like to assess the impact of New Chiken’s actions:
There is insufficient evidence to suggest that the criticism of the NPA and support offered by New Chiken to Texico, did seriously harm the reputation of The North Pacific, its army, or any individual. Moreover, the defence would like to argue that the damage of New Chiken’s actions has been self-inflicted and will have affected their own reputation and standing in the region more than anything. E.g. The likelihood is high that they will be barred from participation in any government authority, including the NPA and the executive staff due to their actions. It would therefore be very unjust to give a higher sentence than two months to New Chiken, who has already experienced damage.

With all of these mitigating factors taken into consideration the defence finds two months suspension of voting rights as the most justifiable and proportionate sentencing.
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The Court Finds As Follows:

Statement of Facts
The Defendant New Chiken was, at the time of the offense, a citizen of the North Pacific and a sworn member of the North Pacific Army. As part of the North Pacific Army, the Defendant participated in an Operation against the region, Warzone Trinidad. Warzone Trinidad is a region allied with the Brotherhood of Malice. The Brotherhood of Malice being a region in which The North Pacific is in a legal State of War with.

The Defendant, under an alias Texico Supporter, posted on the Warzone Trinidad regional message board his support for Texico, the deposed leader of the region, and that he was opposed to The North Pacific's military action against Texico. The record does not reflect his opposition to the operation before he participated in the operation. Nor does the record reflect that he voiced his opposition to the North Pacific Army Command. The evidence submitted to the court does show that the Defendant went beyond posting on the Warzone Trinidad message board, he expressed interest in joining the regional discord to learn what support he could offer outside him providing an endorsement to Texico, which the Defendant stated they would not do, implicitly because their WA was committed to WADP participation in The North Pacific.

The Defendant was removed from the North Pacific Army for misconduct and acting in violation of their NPA Oath.

The Defendant has accepted a guilty plea to one count of Gross Misconduct. He does not dispute the facts and agrees that the evidence presented to the court is properly before it and factual.

Case Comparison

The Prosecution states that the case is unique in its scope and has no recent comparable.

The Defense presents the case TNP v Northern Ardenyan as the most relevant due to it sharing many similar mitigating factors.

The Court has determined the case TNP v Bobberino to be the closest in scope and relevance to the matter before it. TNP v Bobberino was a case in which Bobberino, in his capacity as an Officer in the North Pacific Army and a candidate for the Delegacy, misused his position to post a message requiring the NPA to vote for him or face removal.

The Court has determined that it is relevant because both cases revolve around a member of the North Pacific Army misusing their position and violating their oath as NPA Soldiers and Citizens of the North Pacific. The cases differ as Bobberino’s actions were done in an controlled environment not viewable to the general public (at the time) and were not a serious attempt to corrupt the election of a Delegate, which would be a significantly more serious offense. Whereas the Defendant openly posted opposition to the North Pacific’s action in conducting a military operation against an enemy region during a time of war.

Mitigating and Aggravating Factors

Mitigating Factors

Both parties present the Defendants remorse and acceptance of his crime.
Both parties present the Defendants apology.
Both parties present the Defendants lack of criminal history.
The Defense presents the Defendants inexperience in the region.

Aggravating Factors.
The Prosecution presents deliberate action and their support of an adversarial government.
The Prosecution argues that ignorance of the law, NPA regulations, and commitments of one's oaths does not excuse their violation of their legal obligations.

Sentencing of the Court

Both parties present a joint recommendation of two (2) months, loss of voting rights.

The Court finds that the circumstances and facts of the case do not support such a light sentence. The Defendant was a voluntary member of the North Pacific Army, participating in a war time operation against an adversarial government. The Defendant actively sought to help the adversarial government, against the region he had pledged to support.

As such the Court has determined that a sentence of five (5) months, loss of voting rights to be appropriate.
 
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