[DRAFT] Death Penalty Regulation Act

[Christian Democrats]

GENERAL ASSEMBLY PROPOSAL
Death Penalty Regulation Act
A resolution to improve worldwide human and civil rights.

Category: Human Rights | Strength: Strong | Proposed by: Christian Democrats

The General Assembly,

Realizing that many nations employ the death penalty as a form of criminal punishment,

Believing that criminals should not be put to death unless they have taken the lives of others (lex talionis),

Ensuring that such a punishment, if used at all, will be as humane as possible,

1. Defines the following terms for the purposes of this resolution:

• Execution: the state-sanctioned killing of an individual as punishment for a crime committed;
• Insanity: the inability to determine the rightness or wrongness of actions;
• Lethal injection: the practice of giving someone drugs intravenously to cause an immediate and relatively painless death;
• Murder: the unlawful killing of one individual by another individual with malice aforethought;

2. Prohibits the execution of any individual who has not been convicted of murder beyond reasonable doubt in a fair trial that meets all of the standards set forth by this Assembly in all of its active resolutions;

3. Requires that member states use lethal injection as their only form of execution, unless the criminal to be executed provides informed and written consent for a different form of execution to be used instead;

4. Forbids the execution of any individual for committing a murder while that individual was insane or a minor;

5. Disallows the execution of individuals who are pregnant;

6. Recognizes that, within reason, every criminal to be executed has the right to receive the last rites of his or her religion less than 24 hours before the time at which execution occurs;

7. Declares that, within reason, every criminal to be executed has the privilege of having three individuals of his or her own choice present at the execution;

8. Bans extrajudicial killings and the transfer of individuals to non-member states for the purpose of execution for a crime or crimes committed within the jurisdiction of a member state or member states;

9. Allows all persons to refuse to act as executioners and to refuse to aid in executions;

10. Calls upon every jurisdiction in the jurisdiction of this Assembly that uses execution to provide copies of all death warrants to the World Health Authority for statistical purposes;

11. Encourages member states and political subdivisions thereof to sentence murderers to life imprisonment instead of death or to abolish the death penalty entirely; and

12. Affirms that this resolution does not affect killings that occur as part of combat during war or killings made in legitimate self-defense or the legitimate defense of others or property to protect them for imminent harm.

[Grays Harbor]

How is this any different from the Convention on Execution?

[Paper Flowers]

We find the conditions and crimes for which execution can be considered to be too restrictive.

Opposed

[Alqania]

"Did not read", Lord Raekevik declared. "The Queendom will only support a total ban on capital punishment, nothing less."

[Alterrea]

The Community of Alterrea opposes death penalty in every form.
The Community supports this proposal:

The General Assembly,

MANDATES that no-one shall be condemned to death penalty or executed with the following derogation:

a Member Nation may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions.

[Warrior Thorin]

Well, the people of Warrior Thorin embrace the Death Penalty and I cannot understand why a nation that opposes it should impose its beliefs upon all the others.

If you want to make a claim that the way that the death penalty is executed in nations violates civil rights (i.e., prolonged torture until death) then I might be willing to discuss this. But to tell me nation that I cannot run my Justice system as it is will lead to revolt.

[Puissancevise]

I disagree with the death penalty only because it works in my nation.

...having said that, if you are going to allow the death penalty, EXTEND IT TO CHILD MOLESTERS FOR CRYING OUT LOUD.

...Please.
Then i'd support this.

[Venolia]

We oppose.

[Upper Crystaldom]

I agree with Thorin, although I am personally opposed to the death penalty, I have no right to dictate to other nations what they do with their criminals. It's the same reason I voted against the habeas corpas resolution.

[Flibbleites]

How is this any different from the Convention on Execution?

The author.

Timothy Schmidt
Bob Flibble's PA

[Christian Democrats]

How is this any different from the Convention on Execution?

Restrictions on when execution can occur and restrictions on what forms of execution can be used.

[Grays Harbor]

How is this any different from the Convention on Execution?

Restrictions on when execution can occur and restrictions on what forms of execution can be used.

Not enough. That could be considered just trying to ammend.

Needless to say, we vehemently oppose this attempt to micromanage national judicial systems with a one-size-fits-all "My way is best so the rest of you must do it this way too" proposal.

[Krioval]

The Imperial Chiefdom would prefer to not deal with this subject at an international level. However, if this draft effort is to proceed, Krioval objects to the clause mandating lethal injection. We do not necessarily find that lethal injection is the least painful means of execution and that any proposal allowing capital punishment should instead mandate the use of the least painful and shortest means of killing the condemned.

Henrik Søgård
Imperial Chiefdom of Krioval

[Philimbesi]

Nigel stands up and approaches the podium.

"We echo the sentiments of our delegate, and add that the USP can not support any legislation this restrictive on what crimes can be considered as capital crimes. There are several others that would qualify in the USP. Open the legislation to serial rape and treason and we can begin to speak further.

Nigel sits back down.

[Sanctaria]

Murder: the unlawful killing of one individual by another individual with malice aforethought;

What is a "lawful" killing?

[Cowardly Pacifists]

Murder: the unlawful killing of one individual by another individual with malice aforethought;

What is a "lawful" killing?

Self defense

[Sanctaria]

What is a "lawful" killing?

Self defense

That's an example, Ambassador, and one that only exists because of this Assembly.

This proposal currently allows for nations to execute soldiers and/or policemen for duties done while in the service of the state.

Opposed.

[Cowardly Pacifists]

Self defense

That's an example, Ambassador, and one that only exists because of this Assembly.

This proposal currently allows for nations to execute soldiers and/or policemen for duties done while in the service of the state.

Opposed.

I was just trying to help. I thought you were curious... A lawful killing is just any killing authorized, excused, or justified by law. Execution itself is a "lawful" killing - otherwise, the cops would have to arrest the person administering the sentence.

And for most nations killing in war is lawful. The same goes for policemen using deadly force where necessary to stop a suspect who poses an immediate and substantial danger... yadda yadda yadda.

That said, I'm opposed to this as well. I don't see why we should enshrine "lethal injection" as the execution de jour of the World Assembly. Methods of execution seem to evolve from time to time - thirty years ago it was the gas chamber, before that the electric chair, and so on. We'd have to repeal this proposal a few decades on when a newer, more trendy method of execution is discovered (some nations already use "brain teleporting" which - I've been told - is less painful even then a needle prick).

I also don't like the last rites bit. I see absolutely no reason for that. At the very least, I'd like to see that provision limited in the interests of justice, since I could imagine some religious "last rites" including a virgin sacrifice or a month in Cancun (I exaggerate to clarify - my point is, some less-savory "religious" people might take advantage of such a provision if left too broad).

And a right to have three individuals present? Why not four? And why is that provision restricted "within reason" while the one before it is completely unrestrained? Summoning three people to your execution can hardly be more burdensome than unfettered access to last rites.

[Sanctaria]

That's an example, Ambassador, and one that only exists because of this Assembly.

This proposal currently allows for nations to execute soldiers and/or policemen for duties done while in the service of the state.

Opposed.

I was just trying to help. I thought you were curious... A lawful killing is just any killing authorized, excused, or justified by law. Execution itself is a "lawful" killing - otherwise, the cops would have to arrest the person administering the sentence.

And for most nations killing in war is lawful. The same goes for policemen using deadly force where necessary to stop a suspect who poses an immediate and substantial danger... yadda yadda yadda.

My question was directed towards the author, which I note you are not.

Anyway, the inclusion of the definition of murder as is could prove problematic. A nation may not necessarily have crimes such as "manslaughter" or "accidental death" and, as a result may have no way of proving there was intent to kill. A nation could simply pass a law saying whenever someone kills another there was "malice aforethought", thereby circumventing the terms of this resolution.

Now while I admit this isn't exactly acting in good faith with the resolution, if a nation has no means of determining intent, then they could take that route.

Similarly, a nation may not have the means of developing drugs to administer to the inmate to kill him/her through lethal injection. Nations of a "past-tech" nature and not going to have stores of such drugs on hand.

[Nova Pacifica]

2. Prohibits the execution of any individual who has not been convicted of murder beyond reasonable doubt in a fair trial that meets all of the standards set forth by this Assembly in all of its active resolutions;

No.

Absolutely, unequivocably no.

3. Requires that member states use lethal injection as their only form of execution, unless the criminal to be executed provides informed and written consent for a different form of execution to be used instead;

... again, NO.

There is no negotiation possible on either point. If this proposal is submitted, and subsequently passes, Nova Pacifica will resign it's membership in the World Assembly immediately.

[Cowardly Pacifists]

If this proposal is submitted, and subsequently passes, Nova Pacifica will resign it's membership in the World Assembly immediately.

Aw, don't say that! Saying that you'll resign in protest will just encourage these Ambassadors. Everyone's always looking for a new office in the WA Headquarters, don't ya know?

[Nova Pacifica]

If this proposal is submitted, and subsequently passes, Nova Pacifica will resign it's membership in the World Assembly immediately.

Aw, don't say that! Saying that you'll resign in protest will just encourage these Ambassadors. Everyone's always looking for a new office in the WA Headquarters, don't ya know?

... after taking one (horrfied and dismayed) look at the waiting list for official office space, we didn't bother trying to find offices in the incomprehensible warren of the WAHQ complex. We rented a whole building, with two (two!) helipads, a secure underground parking facility, a nice lawn, two gardens (three if you include the Zen rock garden), and a dock capable of handling the small ferry to the mainland. It's a nice, quiet little island, and the mansion makes a comfortable embassy. Hardly more than twenty minutes away from the WAHQ by air (did I mention, TWO helipads?).

But we don't own it. Like I said, rented. So if we leave? Those who want nicer digs, will have to talk to the landlord. Who happens to be a (shockingly wealthy) citizen of Nova Pacifica, and gave us a (shockingly good) deal on the rent.



OOC: I decided to avoid SciFi elements, or I'd've gone with an Avengers / S.H.I.E.L.D. style "Helicarrier", hahaha...!

[Philimbesi]

Nova Pacifica will resign it's membership in the World Assembly immediately.

Nigel shoots to his feet.

"Dibs on their office!"

[Hirota]

I'm happy to add my unconditional support to this proposal in it's present form.

[Cinistra]

Restrictions on when execution can occur and restrictions on what forms of execution can be used.

Not enough. That could be considered just trying to ammend.

Needless to say, we vehemently oppose this attempt to micromanage national judicial systems with a one-size-fits-all "My way is best so the rest of you must do it this way too" proposal.

One thought. Two minds. The author of this resolution have an irritating drive to control life spans in every other nation in NS. Against. Of course.