steve v wrote:
--- "Ben E." bratsche1@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
--- Michael Snow wikipedia@earthlink.net wrote:
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.
Well if you can call the RFA a "jury," I can rightly call for some elementary due process, no double jeopardy, time already served, c&u, etc.
SV
__________________________________ Start your day with Yahoo! - Make it your home page! http://www.yahoo.com/r/hs
steve v wrote:
Well if you can call the RFA a "jury," I can rightly call for some elementary due process, no double jeopardy, time already served, c&u, etc.
Call all you want.
Yours,
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1
James D. Forrester stated for the record:
steve v wrote:
Well if you can call the RFA a "jury," I can rightly call for some elementary due process, no double jeopardy, time already served, c&u, etc.
Call all you want.
SV: I can call an unrecognizably new purpose from the vasty ArbComm.
James: Why, so can I, or so can any man; But will they come when you do call for them?
- -- Sean Barrett | Give us the gate key. sean@epoptic.com | I have no gate key. | Fezzik, tear his arms off. | Oh, you mean this gate key.
--- "James D. Forrester" james@jdforrester.org wrote:
steve v wrote:
Well if you can call the RFA a "jury," I can
rightly
call for some elementary due process, no double jeopardy, time already served, c&u, etc.
Call all you want.
ROFL. Ill admit that its a bit tempting to just say 'YHBT, HAND' etc., just to confirm this specific generic notion you must have that Im a troll and anything I might say is just trolling. Any venom that I might imagine is between the lines of your statement is at least understandable -- all recent voting and open discussion considered.
But please know that I am deeply fond of this grand project, and that I am as sincere as you are in wanting to help you improve the Arbcom -- at the very least so that the recent what-is-sure-to-someday-be-called-a fiasco doesn't happen again. Help often comes from unexpected directions -- in this case: me.
:| SV
__________________________________ Yahoo! FareChase: Search multiple travel sites in one click. http://farechase.yahoo.com