Crim219-1

*See:* Case history

# Brief for the King, submitted by Niven
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King's Brief for the Prosecution of Frobozz for the Murder of Kiriath, submitted by Pvt. Niven

**Statement of Facts:**

There is no argument about the majority of facts surrounding this case. On the 29th of Renasci, 219 the fighter known as Frobozz killed the Psion Kiriath in the lobby of the Arena. After Frobozz had commented that Kiriath was not tough because she was a Psion, Kiriath challenged Frobozz to met her in the Gloridome so that she could prove that she was, in fact, tougher than he thought. The fight was a very even one by all accounts. Frobozz was able to defeat Kiriath and force her to retire to the recovery room. Frobozz was, however, very injured and he was quickly defeated by another Psion known as Sarrel. He was, therefore, forced to retire to the recovery room only a few short minutes after Kiriath had gone there.

Testimony from all parties indicated that Kiriath and Frobozz talked in the recovery room and agreed to go to the Tavern and discuss the fight further. Alentar witnessed Kiriath emerge from the Recovery room and then had a very brief conversation with her. He then saw Frobozz "emerge from the recovery room wielding a large axe, [Frobozz] immediately attacked Kiriath, and, as she had hardly had time to recover [from the fight in the dome], killed her almost immediately."

**Argument:**

The question in this case is whether Frobozz intended to kill Kiriath. Did he murder Kiriath? Or was this some type of odd accident that resulted in someone being killed accidentally? Frobozz claims that it was an accident, but there are some problems with this claim. The first being that Frobozz and Kiriath talked for at least a few minutes in the recovery room. If this was a matter of some unintentional bloodlust, one would think that such an attack would have occurred immediately after the fight. Not after Frobozz had time to cool down and talk with Kiriath. More interesting is the fact that Kiriath claims she caught Frobozz in a lie about whether he wore his armor during the battle in the dome with Kiriath. Kiriath testified that she caught him in a lie, and she seemed willing to tell others about it. She testified that "for someone like [Frobozz] [getting caught in a lie] would be intolerable." She accuses him of killing her because he was angry about getting caught in a lie and as a way to prove he really was more tough than she.

**Conclusion:**

It seems very improbable that Frobozz killing Kiriath could have been an accident considering the length of time they talked in the recovery room. It would seem that any plausible argument would require that an accidental killing occur very soon, even immediately, after a fight. When this is compounded with the fact that the victim has offered a motive for the killing, it is very unlikely this was simply an accident. The Court is asked to grant the victim's request for Justice and find Frobozz guilty of the Murder of Kiriath.

# Brief for Frobozz, submitted by Yfandes
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Brief in Defense of Frobozz, Charged with the Murder of Kiriath, submitted by Yfandes

**Introduction:**

Frobozz Zarcosis, a member of the fighter's guild, has been accused of murdering Kiriath, a member of the psion's guild. The burden of proof is on the Justicar to establish all of the elements of a murder charge, including the element of "intent." However, the two primary witnesses to the events of Renasci 29th, 219, agree that Frobozz lacked the necessary intent. Both Frobozz and Kiriath have said that the killing was an accident. In light of this, there is no way for the Justicar to meet its burden of proof, and charges against Frobozz should be dismissed.

**Statement of Facts:**

While the Justicar's discussion of many of the background facts is accurate, there are a few clarifications needed. Most importantly, Frobozz was never angry with Kiriath. While Kiriath and Frobozz were in the recovery room, Frobozz made a joke to the effect that the fight would have been much less even if he had been wearing his armor. In fact, Frobozz was wearing his armor during the fight. However, he was not seriously contending that he had not been wearing his armor. When Frobozz battles young fighters in the arena, he often does not wear his armor to make the fight somewhat more even. By suggesting that he was not wearing his armor, Frobozz was simply teasing Kiriath about his victory. When Kiriath pointed out that he had, in fact, been wearing his armor, Frobozz did not feel that he had been caught in a lie, as the Justicar argues. Rather, he concluded that Kiriath did not recognize that he was teasing her. There was no agreement between Kiriath and Frobozz that he would not wear his armor, so it is not as if he had done something wrong.

Another significant factual issue is that while Frobozz and Kiriath were battling in the arena, Frobozz was in the "melee" mindset of pursuit. He had his entire being focused on the need to chase Kiriath and fight her. The Justicar does not identify how much time they spent talking in the recovery room. Frobozz says that very little time passed. There is no indication as to how much time Kiriath believes passed, and there are no other witnesses on this factual matter. Obviously, it can not have been all that long, or they would not have both been still so badly injured when they left the recovery room that there was no time for either party to run.

In the intervening time, Frobozz had not entirely returned to a normal frame of mind. He was still very much on edge and at least part of his mind was still subconsciously focused in attack mode. Frobozz felt slightly dizzy as he got up to leave the room, but discounted that as being caused by his blood loss. When they exited the recovery room, Frobozz was overcome with a feeling that he was in danger. Instinctively, he lashed out, attacking Kiriath. She fought back, almost killing Frobozz. In a very short period of time, before either could run from the area, Kiriath lay dead at Frobozz's feet. Frobozz then felt the feeling of danger subside and was overcome with guilt for what he had accidentally done.

Frobozz came forth to the Church of Vivoria, begging forgiveness for his accidental killing of fellow churchmember Kiriath. Frobozz has made amends to the Church in many ways, including a fine and a personal quest. He has also made amends to Kiriath, who agrees that the event was an accident. Kiriath has expressed the opinion that charges against Frobozz should be dropped.

**Argument:**

The Justicar has failed to meet its burden of proof in this case. The Justicar is obligated to prove the elements of a crime by clear and convincing evidence. See Rex v. Cruz, crim182-1j. While there is no doubt that Frobozz killed Kiriath, there is insufficient evidence that Frobozz murdered Kiriath.

The traditional elements of murder at common law are:

(1) malice

(2) intent to cause the death of another person

(3) causing the death of any person.

While the Justicar has certainly established the third element, the first two are lacking. There is no evidence whatsoever of malice. In addition, there is little evidence of intent. Frobozz himself indicates that he did not mean to kill Kiriath but was overcome by a feeling of danger. That, in connection with his recent melee mindset, was sufficient to cause him to unthinkingly attack. Kiriath also agrees that the killing was an accident. These are the two witnesses who know the most about the context of this dispute and they agree that the charge of murder is inappropriate. The only other witness to the killing had just arrived on the scene. In addition, as Kiriath's husband, Alentar was obviously incredibly distraught by what he saw and not in a good position to make objective observations.

Additionally, a similar accident occurred approximately a week after the death of Kiriath. Xian was engaged in an arena battle with a cleric. After the battle, the two left the recovery room and Xian killed the cleric. One important similarity is that Xian was also in the melee mindset while in the arena. No charges were filed in that case because both parties agreed that it was an accident. Based on that precedent, it would be appropriate to dismiss the charges against Frobozz. It appears that some people do not handle the melee mindset well and need extra time to return to normal. Perhaps these people should be discouraged from using that mindset in arena battles in the future.

**Conclusion:**

Although the Justicar describes it as "improbable," both Frobozz and Kiriath agree that this death was accidental. Frobozz has already made significant efforts to pay his debt to society and has s uffered greatly. The just thing for this court to do is dismiss the charges.

## Judgment: Crim219-1j

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King's Bench of Sable

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Rex,                    )
                        )
                        )
v.                      )       Crim219-1
                        )
                        )       DECIDED: Renasci 18, 222
Frobozz                 )
________________________)
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**Charge:**

Frobozz stands accused of murder of Kiriath.

**Findings of Fact:**

1) This was an accidental death.

2) Kiriath left the recovery room before she was sufficiently healed.

**Discussion:**

When people fight in the arena, they take their life in their own hands. It is their responsibility to stay in the recovery room until they are healed up sufficiently so they can withstand any damage that might happen to them from spells/abilities with after effects, or any other accidental attacks that can happen when people have recently been in a battle rage.

**Holding:**

*Murder:* Not Guilty