In the series of following articles in the coming months, a series of magical historical criminal trials will be read through, explained, and given the outcome.

People vs Kazuhiro Shiratori (1991)



INSTANT FACTS A one Kazuhiro Shiratori was charged with the attempted murder of a Hogwarts sixth year by using an Unforgivable Curse to aid the dark organisation known as R
BLACK LETTER RULE The prosecution must demonstrate that the defendant intended to kill the third party, and if they were successful, they would have faced first-degree murder charges.

Procedural Basis:
Brought into the Wizengamot after being charged with utilising Unforgivable Curses, attempted murder, and assisting the dark wizard organisation R.

Facts:
Following his studies at Mahoutokoro, Japanese wizard Kazuhiro Shiratori (Shiratori) was rumoured to have joined the dark arts organisation "R." Shiratori was reported to have been spotted at Knockturn Alley, with other members of the organisation. He is believed to have used multiple Unforgivable Curses, notably the Cruciatus and Killing Curses, during a combat with Mundungus Fletcher (Fletcher) in 1989. Fletcher went to a series of Aurors to disclose the crime that Shiratori had committed against him, but Shiratori was never apprehended nor prosecuted for the crime.
Later in 1991, Shiratori was instructed to go to Hogwarts and capture a mysterious Hogwarts student (MHS), where he claims he was entrusted with capturing them and bringing them to  the leader of R, and recruiting MHS into the ranks of R. However, Shiratori was confronted in the woods of the Great Lake by MHS and many of their school friends, and Shiratori was compelled to wield a potent curse that nearly killed MHS. MHS did not die, as Shiratori was driven away by the others before he could finish the job. He was then reported and hid from Aurors for some time before being captured and put on trial. Shiratori refutes all of these accusations.

Issue:
Can one be charged with attempted murder if they would not have been convicted with first degree murder had they successfully committed the murder of the third party?

Decision and Rationale:
(Dumbledore, A.) No. However, in this particular scenario, this issue needs not be addressed. Shiratori did aim the powerful spell at MHS, which is enough premeditation to demonstrate that if-successful as murder in the first degree. Therefore, Shiratori is guilty of attempted murder, since there is sufficient evidence to conclude that if Shiratori stayed longer, MHS would have been murdered. Regarding the use of Unforgivable Curses, the evidence the prosecution provided and the allegation of Fletcher is enough to charge Shiratori of committing that felony as well. Furthermore, for supporting R, Shiratori is too guilty, as based on R’s prior criminal history, Shiratori can be charged with felony murder. As a result, Shiratori is found guilty by the Wizengamot of all charges, and is sentenced to life in Azkaban prison. Court adjourned.

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People v Blenheim Stalk (1941)



INSTANT FACTS: Blenheim Stalk was accused of illegal possession of banned magical substances. Nevertheless, evidence was obtained through a warrantless search by an Auror.

BLACK LETTER RULE: Evidence obtained through a warrantless magical search is inadmissible in court if it violates the Wizarding Charter of Rights' privacy protections.

Procedural Basis:
After being accused of possessing banned magical drugs, Blenheim Stalk was brought into the Wizengamot. However, Blenheim claims that he is safeguarded by the Wizarding Charter of Rights.

Facts:
Blenheim Stalk was suspected of harbouring deadly magical creatures and illicit drugs at his Hogsmeade residence. Acting on an anonymous tip, Auror Cedric Blaylock entered Stalk's house without obtaining a search warrant. Using the Revelio Charm, Blaylock uncovered a secret compartment containing a vial of Peruvian Vipertooth venom, a restricted substance. Stalk was promptly arrested and charged with illegal possession of the venom. In court, Stalk's defence team contended that the search violated the privacy protections guaranteed by the Wizarding Charter of Rights which protects wizards' privacy and ensures due process in legal matters. For instance, searchers must have a warrant, and if they do not, the evidence can be voided, asserting that the evidence should be inadmissible as it was obtained without the required authorisation. The prosecution retorted that the search was authorised under the Emergency Magical Conduct Act, citing the potential threat to public safety as grounds for bypassing the warrant requirement.

Issue:
Is evidence obtained through a warrantless magical search admissible in court if it infringes privacy protections under the Wizarding Charter of Rights even if it benefits the Emergency Magical Conduct Act?

Decision and Rationale:
(Weinheimer, A.) No. The Wizengamot ruled 5-4 in favour of Blenheim Stalk, finding that Auror Blaylock's warrantless search infringed privacy protections under the Wizarding Charter of Rights. The court concluded that the use of the Revelio Charm without proper authorisation amounted to an illegal search, rendering the discovered evidence inadmissible. Emphasising the need for due process even in cases involving potential threats, the ruling established the "Stalk Rule," which requires a warrant for any magical search to be deemed legal. This ruling established a precedent for shielding wizarding individuals from unauthorised searches and emphasised the significance of striking a balance between individual privacy rights and public safety.

Written by Michael Isserles.
Edited by Marlee Potter.
Proofread by Ellie Potter.