(I’d like to make it clear up front this is a journal article from a fake law journal in a magical reality and none of this should be taken as legal advice… unless of course you travel to the reality where The Gods Defense takes place, in which case, here you go 😉
INTRODUCTION TO THE THREE PRONGED APPROACH TO THE GODS DEFENSE
by Cassandra Berry
This article will discus The Gods Defense’s beginnings in criminal court and the suggestion of the three pronged approach to solve the unique problems that come with this defense.
The Gods Defense first started being used a year after magic woke up. It is a defense similar to a mental illness defense claiming a god or other magical being made one commit a crime and therefore negates the mens rea required for said crime. The problem arises with attempting to prove or disprove this defense. With the rise in popularity of this defense, the gods and other magical beings are faced with subpoenas again and again, from people they have no connections to, and have little reason to answer. With standards to stop the clearly false blaming of the magical beings and greatly decrease the amount of subpoenas, they would be more inclined to answer a subpoena when it arrives.
The courts should address a Gods Defense claim similar to the way they address a mental illness claim.
Test for the remnants of magic on the person. Develop standards based upon the magic tests we have available now, leaving room for the possibility of more accurate tests in the future.
Have the person testify as to what happened in an affidavit.
Compare the Defendant’s description of the mind control to other known instances of mind control to determine if minimum requirements of being unable to control one’s actions have been pled.
Once these prongs have been met, then the Defendant should be allowed to assert The Gods Defense in court and subpoena the magical being implicated.
(Alright, there’s the intro. I may actually write the whole fake article some day, but, as I’m sure you can tell, usually law articles are a little dry… like crackers. Happy Writing 😉