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Rights of Accused Minors

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Ayzmo
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Founded: Dec 03, 2009
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Rights of Accused Minors

Postby Ayzmo » Tue Jan 05, 2010 9:15 pm

The recent discussion of strip searches started me on this.

There are several resolutions that deal with protection of children, civil rights, and fair trials but this doesn't seem to be something covered.

This is my first attempt at a resolution and I welcome any and all comments, blasts, etc.

Rights of Accused Minors
A resolution to ensure that accused minors

Category: Human Rights
Strength: Mild
Proposed by: Ayzmo

RECOGNIZING that many nations agree that protecting minors, and their rights, is an issue of paramount importance,

CONCERNED that minors are often not aware of their rights as granted by the nation in which they are citizens and/or those nations in which they may visit or live for any given time,

ASSERTS that ignorance of one’s rights after being accused of a crime, or being investigated for a crime, can result in a minor being taken advantage of,

DISTURBED that more efforts are not made to ensure that the rights of accused minors are not taken into account during investigations and criminal proceedings,

BELIEVES that steps must be taken to ensure that the rights of accused minors must be upheld even if the minor is unaware of the rights in question,

Defines:

1. ‘Minor’ to be any individual who has not yet reached the age of majority in the nation in which they reside and/or is still depend on their parent(s)/guardian(s) for support and care.

2. ‘Parent/guardian’ as an individual who has legal authority over another person and who has the authority to make decisions for that individual.

3. ‘Investigations’ as any proceedings which seek to ascertain whether or not an individual has, or has not, committed a crime. An investigation can range from an interrogation, strip search, car search, etc.

4. ‘Physician’ is an individual who is licensed by the nation in which they reside to practice medicine.

5. ‘Counsel’ as an individual who is licensed by the nation in which they reside to practice law.

Requires:

1. In the event that a minor is accused of a crime in the nation of which they posses citizenship that their parent(s)/guardian(s) be contacted and asked to go to the location of the crime.

2. In the event that the parent(s)/guardian(s) cannot be reached or the minor is accused of a crime in another nation counsel will be appointed to serve in loco parentis.

3. Parent(s)/guardian(s) be allowed to have access to the minor and know the specifics of the accusations against said minor.

4. That counsel be provided to ensure that the minor and the parent(s)/guardian(s) are aware of all rights they are granted under the law and that the minor and/or the parent(s)/guardian(s) may consult with counsel at any given time.

5. That Counsel be present for all investigations of the minor and during any legal proceedings that may occur as a result of investigations.

6. That a physician of the same sex as the minor must perform any investigatory event that requires touching of the minor’s body without clothing.

7. That neither the minor nor the parent(s)/guardian(s) may waive these rights without consent/assent from the other party.



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Unified Western States
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Postby Unified Western States » Tue Jan 05, 2010 9:22 pm

The UWS would be proud to support this important bill.

Edit: Of course, just realizing that it is already covered, it probably won't get in. But, good thinking anyways.
Last edited by Unified Western States on Wed Jan 06, 2010 12:09 am, edited 1 time in total.

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Grays Harbor
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Postby Grays Harbor » Tue Jan 05, 2010 11:21 pm

I'm sorry, but I really do not see how this is anything which needs be addressed by the WA. There is already the Child Protection Act Resolution #19, Charter of Civil Rights Resolution #35, Fairness in Criminal Trials Resolution #37, and For the Detained and Convicted RESOLUTION #62. Why is a specific "Rights of Accused Minors" necessary? Endless duplication of already existing acts which have no purpose besides adding a few new definitions is pointless. There is no pressing need for this.
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Tanaara
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Postby Tanaara » Tue Jan 05, 2010 11:31 pm

Does not the duplication make the proposal illegal?
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New Auszealand
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Postby New Auszealand » Tue Jan 05, 2010 11:37 pm

I would agree with this, but it has already been done.

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Charlotte Ryberg
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Postby Charlotte Ryberg » Wed Jan 06, 2010 6:41 am

Tanaara wrote:Does not the duplication make the proposal illegal?


Equal treatment of age comes under GA#35.
Fairness in Criminal Trials Resolution is under GA#37.

GA#19 resolves the issue of body scanners on children, which also means that the Air Travel Security Act draft will have to exclude children.

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Grays Harbor
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Postby Grays Harbor » Wed Jan 06, 2010 6:43 am

Tanaara wrote:Does not the duplication make the proposal illegal?


Quite so
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Ayzmo
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Founded: Dec 03, 2009
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Postby Ayzmo » Wed Jan 06, 2010 7:41 am

I didn't see it as a duplicate so much as a expanding upon current law since minors are not expounded upon. It didn't seem that the current resolutions covered this area. Child Protection Act Resolution #19, Charter of Civil Rights Resolution #35, and For the Detained and Convicted RESOLUTION #62 don't really cover the issues much. I'm sorry to say that it would appear that I managed to miss Fairness in Criminal Trials Resolution #37 when going down the list and reading.

I guess the general consensus is that I was wrong though :P
Last edited by Ayzmo on Wed Jan 06, 2010 7:48 am, edited 1 time in total.

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Grays Harbor
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Postby Grays Harbor » Wed Jan 06, 2010 7:46 am

"Expanding on" current in force resolutions could be considered amending them, and that too is illegal under GA and WA rules.
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Hirota
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Postby Hirota » Wed Jan 06, 2010 8:09 am

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Kryozerkia
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Postby Kryozerkia » Wed Jan 06, 2010 8:22 am

Ayzmo, here is the Rules for GA Proposals. It covers everything you need to know. Conveniently, it is a sticky at the top of the GA forum. It has a nice cousin, Passed WA/General Assembly Resolutions, which is also quite helpful.
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