Hogwarts Monthly News (Issue 8)
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Last Updated
09/20/24
Chapters
31
Reads
264
Magical Criminal Law - The Trial Of Nicholas Malfoy
Chapter 19
In the following articles, in the coming months, a series of magical historical criminal trials will be read through, explained, and given the outcome.
Issue 1: September
People v Malfoy (1340s)
INSTANT FACTS:
Nicholas Malfoy is put on trial based on suspicion of murder of the first degree. He is believed to have killed many muggles under the use of them being killed by the black death.
BLACK LETTER RULE:
One cannot be charged with a crime without all pieces of evidence being proven by the prosecution.
Procedural Basis:
Brought into the Wizards Council based on suspicion of voluntary manslaughter.
Facts:
Nicholas Malfoy (Malfoy) is a pure-blood aristocratic male born into the Malfoy family in the late 1920s. Malfoy is alive during a period in the height of the Black Death in South England. At this time, Malfoy is believed to have murdered five (5) muggle tenants using an undetectable poison, and making their cause of death seem like the Black Death. None of the five (5) muggles showed any symptoms of the Black Death and died far too quickly for it to be the plague. There are no eyewitnesses who saw Malfoy kill the muggles. Only five (5) muggles were found, but others may have been killed as well. Malfoy is part of an aristocratic family that believes that magical beings (specifically pure-bloods) are better than muggles and that muggles should be erased. Other Malfoys before (Nicholas) Malfoy killed other muggles before the year 1300.
Issue:
Can one be charged with the crime without any evidence that they committed the crime?
Decision and Rationale:
(Bragge, B) Because there is no evidence that Malfoy is guilty of killing these muggles, there is no way to charge him with any crime. The prosecution was not able to prove all pieces of evidence against Malfoy, and therefore Malfoy cannot be censured. Though many believe that Malfoy is the one who killed these muggles, and it is undeniable that these muggles died from a magical cause, there is not enough evidence to prove that Malfoy is the one who committed the crime. Therefore, Malfoy is innocent due to failure to provide proper evidence to prove otherwise.
Written by Michael Isserles.
Edited by Marietta Oizys.
Proofread by Daphne Clarke.
