Magical Criminal Law 5 - The Trial Of Humphry Rylan

Chapter 15

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


People v Humphrey Rylan (2012)

INSTANT FACTS: Humphry Rylan was found by Aurors and taken into custody under the belief that he killed a family of Muggles a week prior. This was unveiled due to a spell that had unknowingly been placed on Rylan’s wand.

BLACK LETTER RULE: Authorities cannot place spells on wands without the owner's knowledge for the intention of spying or tracing them.

Procedural Basis:
Brought to the Wizengamot after Humphry Rylan tried to defend himself, stating that even though he killed the Muggles he was convicted for, he should be let free due to the illegal placement of the Trace upon his wand.

Facts:
Humphry Rylan, a wizard suspected of killing a family of Muggles, was taken into custody by a group of Aurors in Britain in the year 2012. Rylan, after three days in custody, admitted to killing the family of Muggles. He admitted to their murders through the usage of the fire spell, a spell not illegal in the wizarding world. Although the Aurors wanted to immediately place Rylan into custody, Rylan requested to know how the Aurors found them. They admitted to placing the Trace on his wand months earlier without his knowledge as a part of a random sample. Rylan then went to his lawyer, and after studying, he argued that the Aurors should let Rylan go because of this illegal placement of the Trace on the wand. This case went up all the way to the Wizengamot, and after seven months, the case was finally heard.

Issue:
Does evidence obtained by the illegal usage of the Trace on a wand without the owner's knowledge make all evidence found by the Trace and crimes committed become voided?

Decision and Rationale:
(Densburo, C) No. Although some laws and evidence would make it so the evidence should be thrown out, due to the fact that the crime would have most likely been found out by the authorities anyway, the evidence would thus be made legal. Although the way the charm was found was legal, the crime itself was illegal and was not discovered by the wand. The way it was done was found out by the Trace, but the crime itself was already known, making it so the evidence would still be allowed in court. This makes Rylan guilty and he will be sentenced for fifty years in prison without parole.

Written by Michael Isserles. 
Edited by Sara Rowan. 
Proofread by Hazel Antler.