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Defences and Evidences FAQ
Administration Officer: Lieutenant(CG) James Copeland
Regulations Officer: Air Marshal(AF) Tim Medeiros
Last Updated 09 Oct 2007 00:15:59 GMT 0
Admin Updates NCO

What are potentially acceptable defences?
The following is a list of some of the defences that may be accepted. With some of them the defence may not necessarily mean you are not guilty, but may instead mean that you hold less responsibility and thus warrant a lower penalty than would otherwise be the case.

Innocence
If you can prove you did not commit the offence, this is the most valid defence.
Mistake of fact
An action may not be an offence if the act is committed while basing the decision on information that, had the information been true, the action would not have been an offence. For example, if you are told that a person was cheating on a test and you as Commanding Officer demoted them, it is not an abuse of position even if the information turned out to be false because you were performing your duties properly. However the person who had spread that information would be investigated.
Duress
If you were forced or ordered to do something by someone else then your responsibility may be diminished in the offence.
Necessity
If an action is committed out of necessity, for example, that a person, unit, department, etc, could not function unless the offence was committed, then the action may not be an offence.
Entrapment
If you are induced into committing an offence, by a member of the Justice Department or other disciplinary authority, that you had not previously considered doing, in order to bring charges against you then your actions may not be an offence.
Provocation
If you were provoked into committing an offence by any means then this may reduce your responsibility in the offence.

What are unacceptable defences?
The following is a list of some of the defences that will not be accepted in most circumstances.

Ignorance
Not knowing that something is an offence is not acceptable. The regulations are set out for everyone to read and it is your own responsibility to do so.
Under the influence
Being under the influence of any substance, whether legal or not, is not an acceptable defence. You must still take responsibility for your actions in these instances.
Unfit to stand trial
We are not capable of assessing psychology of our members and thus illness is not a defence. This is not meant to be discriminatory; it is simply that we cannot evaluate a person for fitness.

What are acceptable pieces of evidence?
The following is a list of some of the types of evidence that will be accepted in most circumstances.

Screenshots
Both from yourself and any witnesses. To take a screenshot press the "Print Screen" key located to the right of the F12 key on most keyboards. Then go to any imaging program and select "paste". Save this in any accepted image format such as .jpg, .gif or .bmp. Do not modify the image at all.
Sworn statements
A witness can administer a sworn statement to the Justice Department in lieu of a screenshot.
First-hand testimony
Testimony from a viable witness to the Justice Department.
Links
Links to offences, such as in the case of plagiarism to show the source, or to forums to indicate unacceptable behaviour.
On top of these there are a number of types of evidence that will be accepted in some circumstances.
Opinions
If these opinions are from people within the WCC who are in a position to have seen the character of the person in question, this may be admissible, but only if the opinion does NOT serve simply to degrade a person's character.
Transcripts
Transcripts must be sworn to and the original save date be on them.

What are unacceptable pieces of evidence?
The following is a list of some of the types of evidence that will not be accepted in most circumstances.

Hearsay
You cannot use in evidence anything that anyone else has told you. What IS admissible is if they give you a screenshot or testify to the statement themselves.
Biased opinions
Any opinion that serves only as a bias strongly for or against a person is inadmissible.
Claims with no proof
Any statement or action that cannot be shown or proven creates a "your word against mine" situation and without proof this is inadmissible.

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