[PASSED] Sexual Predator Registry Act

[Imperium Anglorum]

It's basically impossible to put the cat* back in the bag, no matter how hard you try. If victims waive, the publicly released information is effectively public and permanently so.

[Greater Cesnica]

It's basically impossible to put the car back in the bag, no matter how hard you try. If victims waive, the publicly released information is effectively public and permanently so.

OOC: My thoughts precisely.

[Greater Cesnica]

I have expanded the draft to account for any sexual offence involving abuse of a position of trust, and have included an Article prohibiting nations from prohibiting the use of publicly accessible registries for the purposes of performing a background check. I am pleased with the state the draft is in, and intend to submit soon pending any additional feedback.

[Simone Republic]

I have expanded the draft to account for any sexual offence involving abuse of a position of trust, and have included an Article prohibiting nations from prohibiting the use of publicly accessible registries for the purposes of performing a background check. I am pleased with the state the draft is in, and intend to submit soon pending any additional feedback.

GA#300's definition of "child pornography" is too narrow and (IRL) would not prevent cases where perverts travel to states with relatively low ages of consent (14 or whatever) to make child pornography. I would prefer if this issue is fixed as well. I've been kind of meant to do a repeal/replace to tighten that loophole but if there's a way to kill two birds with one stone, the better.

[Greater Cesnica]

I have expanded the draft to account for any sexual offence involving abuse of a position of trust, and have included an Article prohibiting nations from prohibiting the use of publicly accessible registries for the purposes of performing a background check. I am pleased with the state the draft is in, and intend to submit soon pending any additional feedback.

GA#300's definition of "child pornography" is too narrow and (IRL) would not prevent cases where perverts travel to states with relatively low ages of consent (14 or whatever) to make child pornography. I would prefer if this issue is fixed as well. I've been kind of meant to do a repeal/replace to tighten that loophole but if there's a way to kill two birds with one stone, the better.

OOC: RNT applies. Lower ages of majority messes up things big time for those nations.

[Astrobolt]

OOC: What is the evidence that sex offender registries actually work?

Ambassador Tappe: “We do not support the proposal, but we take strong exception with making the registry publicly accessible. What will happen is that communities will endlessly harass individuals on the registry, and prevent them from living in some sort of peace. This is especially awful when you consider that they have already served their punishment for the heinous crime they committed. In extreme cases, this might lead to a sort of mob violence, where communities, using publicly accessible data could enact further “justice” upon those who are on the registry.”

[Greater Cesnica]

OOC: What is the evidence that sex offender registries actually work?

Ambassador Tappe: “We do not support the proposal, but we take strong exception with making the registry publicly accessible. What will happen is that communities will endlessly harass individuals on the registry, and prevent them from living in some sort of peace. This is especially awful when you consider that they have already served their punishment for the heinous crime they committed. In extreme cases, this might lead to a sort of mob violence, where communities, using publicly accessible data could enact further “justice” upon those who are on the registry.”

OOC: Given the narrow parameters present in the draft, there are no applicable studies on registries that are limited to the offences present here. Furthermore it is not all-encompassing even for those who have committed the offences listed; additional factors must be considered and proved as present before registration is pursued.

Also, I have adopted the use of the term "child sexual abuse material" in lieu of "pornography of a child", and have included a close in age exemption.

[Heavens Reach]

We support the resolution as is, ambassador, but suggest that this may more appropriately fall under the category of "moral decency" than "international security." Specifically, we cite GA#300, which is a cousin resolution to this proposal, but also argue that in general that this proposal does not increase police or military budget per se. The costs associated with a registry, we would argue, are largely administrative, coordinating a complex contingency of departments, including those responsible for surveillance, information management, risk assessment, and task coordination.

[Greater Cesnica]

We support the resolution as is, ambassador, but suggest that this may more appropriately fall under the category of "moral decency" than "international security." Specifically, we cite GA#300, which is a cousin resolution to this proposal, but also argue that in general that this proposal does not increase police or military budget per se. The costs associated with a registry, we would argue, are largely administrative, coordinating a complex contingency of departments, including those responsible for surveillance, information management, risk assessment, and task coordination.

IC: "Originally, we were of the same mind. However, I have received feedback from multiple Ambassadors that pointed our Delegation to modify the category on the grounds that a resolution under the category of 'Moral Decency' would imply a reduction in civil rights. The consensus was that rights, as we understand them, are not being curtailed by measures to aid the public and law enforcement deal with high-risk sex offenders."

[Heavens Reach]

We support the resolution as is, ambassador, but suggest that this may more appropriately fall under the category of "moral decency" than "international security." Specifically, we cite GA#300, which is a cousin resolution to this proposal, but also argue that in general that this proposal does not increase police or military budget per se. The costs associated with a registry, we would argue, are largely administrative, coordinating a complex contingency of departments, including those responsible for surveillance, information management, risk assessment, and task coordination.

IC: "Originally, we were of the same mind. However, I have received feedback from multiple Ambassadors that pointed our Delegation to modify the category on the grounds that a resolution under the category of 'Moral Decency' would imply a reduction in civil rights. The consensus was that rights, as we understand them, are not being curtailed by measures to aid the public and law enforcement deal with high-risk sex offenders."

We would argue that creating a crime registry, however justified, does reduce civil rights, and that excessive civil rights (such as those that place no prohibitions on actions that allow one person to impinge upon the rights of another) can be corrupted. Otherwise, we believe, a "moral decency" resolution would, generally speaking, always have the tremendous hurdle to overcome that it reduces, in some unjustified way, the freedom with which a person is allowed to act of their own volition. In this case we think this constitutes a rare example of a justified reduction in civil rights.

[Greater Cesnica]

IC: "Originally, we were of the same mind. However, I have received feedback from multiple Ambassadors that pointed our Delegation to modify the category on the grounds that a resolution under the category of 'Moral Decency' would imply a reduction in civil rights. The consensus was that rights, as we understand them, are not being curtailed by measures to aid the public and law enforcement deal with high-risk sex offenders."

We would argue that creating a crime registry, however justified, does reduce civil rights, and that excessive civil rights (such as those that place no prohibitions on actions that allow one person to impinge upon the rights of another) can be corrupted. Otherwise, we believe, a "moral decency" resolution would, generally speaking, always have the tremendous hurdle to overcome that it reduces, in some unjustified way, the freedom with which a person is allowed to act of their own volition. In this case we think this constitutes a rare example of a justified reduction in civil rights.

OOC: Should note that GenSec members directed me to the category change. Intuitively though yeah it would seem like Moral Decency would be the better fit, from an initial standpoint.

[Heavens Reach]

We would argue that creating a crime registry, however justified, does reduce civil rights, and that excessive civil rights (such as those that place no prohibitions on actions that allow one person to impinge upon the rights of another) can be corrupted. Otherwise, we believe, a "moral decency" resolution would, generally speaking, always have the tremendous hurdle to overcome that it reduces, in some unjustified way, the freedom with which a person is allowed to act of their own volition. In this case we think this constitutes a rare example of a justified reduction in civil rights.

OOC: Should note that GenSec members directed me to the category change. Intuitively though yeah it would seem like Moral Decency would be the better fit, from an initial standpoint.

OOC: that wily bunch

[Heavens Reach]

OOC: What is the evidence that sex offender registries actually work?

Ambassador Tappe: “We do not support the proposal, but we take strong exception with making the registry publicly accessible. What will happen is that communities will endlessly harass individuals on the registry, and prevent them from living in some sort of peace. This is especially awful when you consider that they have already served their punishment for the heinous crime they committed. In extreme cases, this might lead to a sort of mob violence, where communities, using publicly accessible data could enact further “justice” upon those who are on the registry.”

OOC: join my region you

[Desmosthenes and Burke]

OOC:

In regards to category, I am not a member of GenSec but I would say that Moral Decency is actually a very poor fit for this. As drafted the proposal does not impose any new prohibitions on the behaviour of individuals. Really, the only new prohibition is on State action.

By contrast, the obvious result of passage is going to be an increase in law enforcement spending to create and maintain the databases and evaluate/adjudicate inclusion.

[Imperium Anglorum]

I agree that moral decency would be a poor fit. Moral decency reduces civil rights; this creates enforcement through police-related measures. The extent of it would be small; I think the "best fit" (not that we would analyse on that basis) would probably be Int'l Sec: Mild.

[Heavens Reach]

OOC: fair enough

[Greater Cesnica]

Submitted: https://www.nationstates.net/page=UN_vi ... 1658896022

[West Barack and East Obama]

Dr Justin Obama, Deputy Minister of Foreign Affairs: Strongly against. Sexual predators, while horrendous, should not be subject to mob justice from the public disclosure of their locations and identity. If so, we might as well bring back capital punishment if it's okay to kill people for their crimes.

[Greater Cesnica]

Dr Justin Obama, Deputy Minister of Foreign Affairs: Strongly against. Sexual predators, while horrendous, should not be subject to mob justice from the public disclosure of their locations and identity. If so, we might as well bring back capital punishment if it's okay to kill people for their crimes.

"In cases where a specific risk of recidivism has been assessed for an individual perpetrator, and where, for whatever reason, a nation has decided against further imprisonment, it is in the interest of the broader community to be vigilant concerning said high-risk offender. Typically, said risk is assessed via definitive means, such as a medical professional determining a lack of rehabilitative progress or potential, or their own record- that is to say, said offender has already re-offended. It is our view that given the narrower scope of offences at hand in the proposal and risk assessment criterion presented, publicly accessible registries are appropriate for the most severe cases.

[Heavens Reach]

OOC: congrats on reaching quorom!

[Greater Cesnica]

OOC: congrats on reaching quorom!

OOC: Thank you

[West Barack and East Obama]

Dr Justin Obama, Deputy Minister of Foreign Affairs: Strongly against. Sexual predators, while horrendous, should not be subject to mob justice from the public disclosure of their locations and identity. If so, we might as well bring back capital punishment if it's okay to kill people for their crimes.

"In cases where a specific risk of recidivism has been assessed for an individual perpetrator, and where, for whatever reason, a nation has decided against further imprisonment, it is in the interest of the broader community to be vigilant concerning said high-risk offender. Typically, said risk is assessed via definitive means, such as a medical professional determining a lack of rehabilitative progress or potential, or their own record- that is to say, said offender has already re-offended. It is our view that given the narrower scope of offences at hand in the proposal and risk assessment criterion presented, publicly accessible registries are appropriate for the most severe cases.

Dr Justin Obama, Deputy Minister of Foreign Affairs: None of that matters. Your proposal still facilitates the mob justice of these people. They've done their sentence, leave them be. I find the justification for the publication of personal data that will lead to vigilante justice very interesting considering your delegation had previously passed resolutions against capital punishment of heinous criminals and personal privacy invasion. Our delegation will not support such egregious hypocrisy.

[Greater Cesnica]

"In cases where a specific risk of recidivism has been assessed for an individual perpetrator, and where, for whatever reason, a nation has decided against further imprisonment, it is in the interest of the broader community to be vigilant concerning said high-risk offender. Typically, said risk is assessed via definitive means, such as a medical professional determining a lack of rehabilitative progress or potential, or their own record- that is to say, said offender has already re-offended. It is our view that given the narrower scope of offences at hand in the proposal and risk assessment criterion presented, publicly accessible registries are appropriate for the most severe cases.

Dr Justin Obama, Deputy Minister of Foreign Affairs: None of that matters. Your proposal still facilitates the mob justice of these people. They've done their sentence, leave them be. I find the justification for the publication of personal data that will lead to vigilante justice very interesting considering your delegation had previously passed resolutions against capital punishment of heinous criminals and personal privacy invasion. Our delegation will not support such egregious hypocrisy.

"We will not countenance any comparison between our prior work restricting indiscriminate government overreach that invariably benefits authoritarian regimes and limited, case-specific registration of the highest risk sex offenders. There are numerous instances where the lack of a public facing registry resulted in a false sense of safety in a community, leading to tragic results. We intend to prevent those instances from occurring in the future."

[Bethany Kings]

I declare that I support this resolution.



Because this makes the world better and ensures that predators are dead-suspicious

[Desmosthenes and Burke]

We have no major reservations about the proposal. We find the arguments put forward by Doctor Obama to be convincing as likely overblown as to the average person, and a potential feature rather than a bug if civil society were to actually be able to band together at a sufficient enough level to achieve the results Dr. Obama is inexplicably concerned about.

OOC:
I would like to point out that there is a potential loophole here in that the resolution does not seem to require that information in the registries ever be updated, or place any requirement on offenders to furnish or the government to validate and input updates to the information contained in such a registry.