Fantastic Beasts and Where to Find them trailer released.

[The Romulan Republic]

Actually, to correct something I said before, it occurs to me that if they had properly investigated and tried Black, their is at least one possible way he likely could have gotten off on at least some of the charges without Pettigrew.

Had they recovered Black's wand, they could have performed Priori Incantatum on it and confirmed it wasn't his wand that blew up a street. Had they recovered Pettigrew's wand as well, they could have confirmed that it did (and possibly that it cast other dark spells). Not sure if either wand was recovered though.

Also, in a trial, Black could have testified that Pettigrew had survived as an Animagus and called Lupin as a witness to confirm that Pettigrew was an Animagus (though that would risk revealing he and Lupin were unregistered Animigi).

That wouldn't have gotten Black off the hook for the Secret Keeper thing, but it would likely have raised some serious doubts about his guilt.

Normal procedure seems to be an investigation by Magical Law Enforcement (which can involve questioning witnesses, possibly using magical means to ensure they can't lie, and using the Priori Incantatum spell on the accused's wand, as well as other means of magical detection), followed by a hearing/trial in front of the Wizengamot, in which the accused is interrogated and also has the right to call witnesses in their defence (as per Harry's case in Order of the Phoenix). After which guilt is put to a vote by the Wizengamot. Its not perfect at protecting the rights of the accused by any means- their is still prejudice, still the possibility of corruption, and apparently no such thing as a lawyer, and a majority vote by one appears to be enough to convict. But Black might have been able to get off.

[LaCroix]

The main theory in fandom is that Black's wand was snapped on arrest, almost immediately after they heard the witnesses... Or hidden away after they threw Sirius in prison and someone checked it to find they got the wrong one. Which means that he either got his wand smuggled out by someone(Kingsley?), or had a new made. The last is more likely, as he did even buy a firebolt while on the run, a simple wand is much easier, and Ollivander isn't the one to tell tales to anyone (at least anyone important who might actt on them - he tells a lot of tales to everybody, it seems, but everyone just ignores them since he's a creep ) And the Goblins would never put the Ministry over an account holder. I personally think this is the most believeable scenario, as it runs with the theme of the investigation completely botched up and everyone trying to forget it and him.

The thing got muddied when JKR did say that she believes Pettigrew had stolen it in the aftermath of the explosion and arrest. It's possible that he stored it away in a hideout before he ran off to hide with the Weasleys. Sirius might have retrieved it from one of these hiding holes while he was looking for Peter.

Or Remus might have kept it as a memento for one reason or another, and returned it to him, but that is the least likely scenario.

Pettigrew most likely took his own wand with him into his rat form, as any animagus does usually keep his clothes and stuff when transforming. So they couldn't test his wand, for sure.

Had Black seen a trial, he would immediately have called for Veritaserum - under current law you can't be forced to use it, but you can demand it and it may not be denied if you do. Any statement given under it has to be regarded as the absolute truth (from the point of view of the one testifying). This would have cleared him on the spot. He might have gotten a fine for the animagus stuff, but that's peanuts in comparison to life in Askaban, and frankly - him being the one who chased down the Potter traitor would have given him so many brownie points that he'd most likely would have gotten away with a slap on the wrist for that.

That's most likely why they never wanted him put on trial once the possibility arose that he might be innocent. He could have proved it beyond a doubt, getting the people responsible for his incarceration into real trouble for their break of protocol.

[biostem]

When you look at their ability (and willingness) to mindrape people en masse, as well as their own Room 101 in the form of Azkaban prison, the Ministry of Magic is essentially presiding over a dystopian hellhole.

Random questions. Do the MIB's neuralisers produce this same reaction in you?

I realize this wasn't directed at me, but I'll chime in; I can accept some small-scale use of neuralizers or mind-wiping, but it's the use of such powers on a mass scale that wouldn't/doesn't sit right with me.

The bigger problem would be that, since such techniques exist, things like eyewitness testimony and/or other mind reading abilities couldn't be relied upon in order to prove guilt, either - in MIB, you can neuralize someone and then leave them with a false memory of the event, simply by telling the person what they saw after using said device...

This makes me wonder - let's say someone sets something up where they commit a murder, have a machine neuralize them, then have a recording play afterward that provides some other story, (with said recording auto-deleting when it's done). Would that person be able to pass a lie detector test and/or fool any sort of mind reading ability that was later used on them?

[The Romulan Republic]

Sigh... its been too long since I read the books. I just realized that I posted that Lupin was an unregistered Animagus, and of course he wasn't. He just a werewolf who collaborated with three unregistered animagi.

Had Black seen a trial, he would immediately have called for Veritaserum - under current law you can't be forced to use it, but you can demand it and it may not be denied if you do. Any statement given under it has to be regarded as the absolute truth (from the point of view of the one testifying). This would have cleared him on the spot. He might have gotten a fine for the animagus stuff, but that's peanuts in comparison to life in Askaban, and frankly - him being the one who chased down the Potter traitor would have given him so many brownie points that he'd most likely would have gotten away with a slap on the wrist for that.

Out of curiosity, where did you get that bit about the laws regarding Veritaserum? I don't recall it being in the books. Is it something Rowling put up on Pottermore or something?

Anyway, going back to Fantastic Beasts, I really hope we get a decent look at the American government and laws, even if its not the main focus of the story.

[Gandalf]

When you look at their ability (and willingness) to mindrape people en masse, as well as their own Room 101 in the form of Azkaban prison, the Ministry of Magic is essentially presiding over a dystopian hellhole.

Random questions. Do the MIB's neuralisers produce this same reaction in you?

Yes they do.

"Hi innocent bystander, let us penetrate your mind without your consent. Don't worry, you won't remember a thing."

[LaCroix]

Out of curiosity, where did you get that bit about the laws regarding Veritaserum? I don't recall it being in the books. Is it something Rowling put up on Pottermore or something.

Thinking a bit longer after some sleep - it had been a long night when I wrote that - makes me want to retract my claim that it is law.

The informations about it are bits of book context (It was never used on Death Eaters, Snape's comment how potent these potions are, etc.) and stuff out of interviews with her led people to construct this theory, but it's not outright canon.

It may be that it isn't used because in some interviews JKR said something about people could build up a slight resistance to it - so it might not be as bulletproof as I said. Apart from the means to neutralize it if known beforehand...
Which means it's a bit unreliable in court unless you have highly controlled circumstances. A single corrupt guard slipping the prisoner an antidote would spoil everything and make him able to lie.

Apart from the fact that you can only tell the truth as you know it... So a complete delusional maniac will still tell you the same stories.

It would give any statement given under the influence a lot of gravitas in the decision, still. It would have been the final nail in the case's coffin, especially if Black would add magical oaths, provide memories, etc.

[The Romulan Republic]

I suppose if they really wanted to play hard ball, they could ask him to make an unbreakable oath to tell no lie to the Wizengamot. Since he would die if he broke it, that would settle the matter pretty definitively one way or another. No idea if the setting's laws would allow that, though.

[jwl]

So the wizarding US flag has only 30 stars... I wonder if the southern states managed to secede in their world, or if they count states differently...

The British Ministry of Magic has Ireland as part of its jurisdiction, so wizarding countries don't perfectly overlap with muggle ones.

[jwl]

Also you could just modify your own memory to beat the vertaserum. I think the unbreakable vow is probably dark magic do may not be legal.

[The Romulan Republic]

Well, their is precedent for the MoM using dark magic under extreme circumstances (Aurors were authorized to use Unforgivable Curses in the first war with Voldemort).

As to the 30 stars... I wonder if its due to the small size of the Wizarding population. Maybe their aren't enough wizards in the US to justify fifty separate states.

Edit: After all, Britain has all of one all-magical community.