steve v wrote:
--- "Ben E." <bratsche1(a)gmail.com>
wrote:
What we had was a transfer of the duties of
ArbCom
to the community,
seemingly against their own principles and ours at
[[Wikipedia:Administrators]], which shows that
adminship can only be removed
by Jimbo Himself or by that very ArbCom.
Hopefully, the committee can expand and define
the case to completely reflect it and the
community's > wishes.
To resurrect a case requires dabbling in the sinister
arts -- not often associated with justice or fairness.
I would argue that 're-deciding' a case cannot be
fairly done without actually 're-hearing' the case.
Understandably, the Arbcom would prefer to make things
easy on themselves (theyve been through a lot after
all), but --just to cheer things up --I contend that a
re-deciding an old case without re-hearing it is
improper -- putting aside the /double-jeopardy/
hung-jury/ mistrial/ precedents involved.
Well, you were right to put those aside, because even if people in
arbitration cases were entitled to the rights associated with criminal
procedure (which they're not), double jeopardy wouldn't apply in this
case. After a mistrial or hung jury, the next step normally is to have a
new trial if the parties still want to litigate. Since no final verdict
was reached, it's not a second proceeding in the double jeopardy sense;
it's a resumption or a restart of the first proceeding. Which is exactly
what you're getting, since the Arbitration Committee has retaken the
case after the RfA "jury" declined to reach a resolution to the case.
--Michael Snow