2011년 11월 5일 토요일

Petition of Appeal

** This essay is a petition of appeal to the student court. I was wrongly accused of the housefather, but the Judicature rejected my defending speech. Therefore, I wrote this essay to prove my innocence once again. 

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Dear honorable judges,
The student government, especially the Judicature and the student court, has been one of the biggest sources of pride in our school. However, the student court often confronted difficulties. Some students misused the student court, which is supposed to protect only the innocent students from improper accusations. Therefore, the housefather started to distrust the students and try his best to deny the students’ rights. Distrust always has been the biggest hindrance of the student court. And now, even the judicial committee seems to distrust the students, declaring an innocent student to be guilty.
Dear judges,
According to the court decision, my defending speech was denied because I had no sound evidences other than the signatures of the homemates. However, I don’t understand what kind of evidences the judicial committee expects from me. A CCTV tape? My fingerprints in the room? I would be glad if I could provide those firm evidences, but in a small society like KMLA, practically, I couldn’t find anything more than the signatures. Judges, please be realistic, and please understand that the signatures were the most sound evidences I could provide. In addition, the court decision also did not provide any evidences that could prove my guiltiness. I have my homemates’ signatures at least, but the judges do not have anything to refute my innocence! In this case, ‘presumption of innocence’, the basic principle for a democratic court, states that the judges should believe that I am innocent. Once again, I am innocent, and the judges should believe me.  
Dear judges,
The court decision says that the judges could not get definite answer about my innocence from the phone call. However, according to my roommate 윤지훈, during his phone call with the judge, he gave a clear answer that I stayed in my homemates’ room and did not come to my room even once. Therefore I cannot agree to the court. I attached his signature about this fact. In addition, since 윤지훈 and I are not quite friendly, I did not have any reason to go to my room where only 윤지훈 is in. Moreover, the fact that I moved all my stuffs including my laptop, books, cookies, and alarm clock to 김태현’s seat strongly supports that I did not go back to my room.
Dear judges,
According to the court decision, the judges respect the housefather’s standards about the situation. However, the housefather simply ignored the situation. In other words, the housefather did not have any standards. He definitely saw me in my homemates’ room. But when I later tried to tell him about my situation, he cut my words and ignored me. What is the school court for, if the judges respect the housefather’s indifference? I believe that the school court should defend a student if the housefather accused the student without any concern to the student’s situation. What the judges respected were not the housefather’s discernment and standards but his ignorance and unconcern.
In addition, the judges respect what the housefather said about 통금방관 at 혼정. However, what he said at 혼정 was clearly against the school regulations. The school regulations state that a student is accused of 통금방관 when the student knows but does not stop his or her roommate violating curfew. Therefore, when he mentioned that a roommate of a curfew violator is accused of 통금방관 regardless of the situation, he was obviously ignoring the school regulations. The judges agreed to his dogmatism and arbitrariness. The role of the Judicature is not surrendering to everything what the housefather says. Rather, it is to protect the students’ rights from his irrationalities, and to prevent the housefather from neglecting the school regulations. 
Dear judges,
I understand that the judges are being very careful not to accept the lies in the defending speeches. However, indiscreet distrust might generate so many victimized innocent students like me. At least, without any evidences that prove guiltiness, the judges should believe the defendant. Distrust is the biggest hindrance that can threaten the essence of the student court. Once again, I am innocent. So judges, please trust me, and make wise decisions.

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윤지훈 is my roommate and 김태현 is my homemate. 
통금방관 is the name of the regulation. If a student knows but does not stop his or her roommate violating curfew, the student receives three penalty points. 
혼정 is the name of a daily dormitory event. Every members in the dormitory should gather from 9:15 pm to about 9:30 pm. 

댓글 4개:

  1. Nice writing - very lawyer-like. Perhaps you have a knack for mock trial? I'm not sure of the exact crime you claim to be innocent of (in any case, it doesn't sound serious), but my guess is that you can compare your situation to Andy Dufresne's. However, you don't have to dig through a wall with a spoon.;)

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  2. I'm surprised Namdo didn't comment on this.

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  3. No no this is not for mock trial. This is a REAL petition of appeal that I submitted to the judicial branch of KMLA. I was really wrongly accused, and I wrote this, and guess what! I reduced my penalty points!!!!!

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  4. I'll have to give you more than. EOP!

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