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[ABANDONED] International Release of Criminal Evidence Act

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Knessniet
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Ex-Nation

[ABANDONED] International Release of Criminal Evidence Act

Postby Knessniet » Sat Aug 25, 2018 4:22 pm

NOTE: Second attempt. My first one failed, as some may remember. This one should work better. I will fix it as feedback comes in.
Proposed by: Knessniet
Category: International Security
Strength: Significant

The General Assembly,

RESOLVED to keep order and enforce the law.

CONCERNED that nations may withhold evidence from another during trials for the purpose of disrupting the pursuit of justice.

AFFIRMING this Assembly shall not allow such deplorable practices.

CLARIFYING that this resolution only affects cross-border and extrajudicial crimes.

ARTICLE I
1. Hereby mandate that nations must share evidence of crimes committed. They also must share exonerating evidence that would protect the accused.
a. Such evidence includes incriminating documents, video, audio, photographic media, DNA tests, fingerprint analysis, expert testimony, and witness statements.
b. This information may only be transmitted between government agencies. No private entity may view aforementioned evidence.
2. In order to obtain this information, the prosecuting nation may send an official request to the other nation by open diplomatic channels.
3. Nations are not required to produce evidence unless there is an active criminal charge against the accused.
4. The evidence must be considered admissible in a court of law to be shared.
a. The WACC Judiciary Committee will be charged with defining admissible evidence.

ARTICLE II
1. A nation may withold evidence if they have reasonable suspicion that the accused's human rights are or will be violated.
a. They may also withhold evidence if there is reasonable suspicion that the trial will be considered unfair. This must be backed by previous incidents of unfair trails.
2. A nation may withhold evidence if they do no recognize the charge as a crime under their laws.
3. The WACC Judicial Committee shall be charged with defining a fair trial. They will also be charged with investigating misuse of this resolution to create an unfair trial.
Last edited by Knessniet on Sun Sep 02, 2018 9:17 am, edited 17 times in total.

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Cosmopolitan borovan
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Postby Cosmopolitan borovan » Sat Aug 25, 2018 7:49 pm

We have a resolution on Extradition Rights

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The Sakhalinsk Empire
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Postby The Sakhalinsk Empire » Sat Aug 25, 2018 7:51 pm

I see some overlap, but the one you linked is in regards to just extradition. This one, I presume, is for all crimes and punishments.
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Cosmopolitan borovan
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Postby Cosmopolitan borovan » Sat Aug 25, 2018 8:29 pm

We have also a Rights of crime victims and Fairness in criminal trials

You need to work with more stuff because there isn't a lot of scope or try repealing extradition rights
Last edited by Cosmopolitan borovan on Sat Aug 25, 2018 8:34 pm, edited 1 time in total.

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Knessniet
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Postby Knessniet » Sun Aug 26, 2018 6:04 am

Sorry about that, I wrote this just before bed. I'll fix the bit about extradition. And yes, ''tis act is for all crimes.
Last edited by Knessniet on Sun Aug 26, 2018 6:05 am, edited 1 time in total.

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Kenmoria
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Postby Kenmoria » Sun Aug 26, 2018 6:15 am

“Clause 1 needs heavy clarification since it currently refers to all crimes, which could be very bad indeed. For example, if someone releases classified information, sharing that internationally could be a very bad idea. It could also violate the privacy of crime victims to have their details shared across the globe.”
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The New California Republic
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Postby The New California Republic » Sun Aug 26, 2018 7:37 am

Knessniet wrote:1. Hereby mandate that nations must share evidence of crimes committed. ... Such evidence includes incriminating ... video ... A nation may withold evidence if they have reasonable suspicion that the accused's human rights are or will be violated.

OOC: Uh, what if said video evidence is of a rape? The CCTV video of that rape will be shared internationally? Can you imagine what kind of additional trauma that would cause to the victim of the rape, knowing that people across the world are going to see it?
Last edited by Sigmund Freud on Sat Sep 23, 1939 2:23 am, edited 999 times in total.

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Knessniet
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Postby Knessniet » Sun Aug 26, 2018 8:16 am

The New California Republic wrote:
Knessniet wrote:1. Hereby mandate that nations must share evidence of crimes committed. ... Such evidence includes incriminating ... video ... A nation may withold evidence if they have reasonable suspicion that the accused's human rights are or will be violated.

OOC: Uh, what if said video evidence is of a rape? The CCTV video of that rape will be shared internationally? Can you imagine what kind of additional trauma that would cause to the victim of the rape, knowing that people across the world are going to see it?

That information will be transmitted ONLY to government officials who are prosecuting a case. People would still see it if it remained in a national matter. I should also add that said clause exists to protect those who would be tortured or held in inhumane conditions.
Last edited by Knessniet on Sun Aug 26, 2018 8:36 am, edited 1 time in total.

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Knessniet
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Postby Knessniet » Sun Aug 26, 2018 8:16 am

Kenmoria wrote:“Clause 1 needs heavy clarification since it currently refers to all crimes, which could be very bad indeed. For example, if someone releases classified information, sharing that internationally could be a very bad idea. It could also violate the privacy of crime victims to have their details shared across the globe.”

As stated, this information will only be transmitted to other government agencies. I will clarify.

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Knessniet
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Postby Knessniet » Sun Aug 26, 2018 9:43 am

If there are no more concerns, I would like to propose this. Please inform me of any more concerns by Monday.

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Tinhampton
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Postby Tinhampton » Sun Aug 26, 2018 10:41 am

Knessniet wrote:If there are no more concerns, I would like to propose this. Please inform me of any more concerns by Monday.

Drafting is a marathon, not a sprint. Keep on drafting for another couple of weeks and see how people feel.
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Knessniet
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Postby Knessniet » Sun Aug 26, 2018 10:44 am

Tinhampton wrote:
Knessniet wrote:If there are no more concerns, I would like to propose this. Please inform me of any more concerns by Monday.

Drafting is a marathon, not a sprint. Keep on drafting for another couple of weeks and see how people feel.

Good idea. I'll leave it for while. Have you got any ideas?

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Cosmopolitan borovan
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Postby Cosmopolitan borovan » Sun Aug 26, 2018 10:49 am

You can clarify this is for extrajudicial or cross border crimes in your preamble

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Knessniet
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Postby Knessniet » Sun Aug 26, 2018 10:55 am

Cosmopolitan borovan wrote:You can clarify this is for extrajudicial or cross border crimes in your preamble

Excellent idea!

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Dawn Kingdom
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Postby Dawn Kingdom » Mon Aug 27, 2018 3:21 pm

OOC:What if the accused person is influental politician, oligarch, celebrity, we cannot pose them as criminals, unless government sees some profit in deposing the very person. In that case we can even make some "evidence". This is another anti-corruption proposal. There are stacks like this. "A+" for effort, but still disagree.

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The New California Republic
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Postby The New California Republic » Mon Aug 27, 2018 3:26 pm

All replies OOC.

Dawn Kingdom wrote:OOC:What if the accused person is influental politician, oligarch, celebrity, we cannot pose them as criminals, unless government sees some profit in deposing the very person.

...what??

Dawn Kingdom wrote: In that case we can even make some "evidence". This is another anti-corruption proposal.

No...it isn't...
Last edited by Sigmund Freud on Sat Sep 23, 1939 2:23 am, edited 999 times in total.

The Irradiated Wasteland of The New California Republic: depicting the expanded NCR, several years after the total victory over Caesar's Legion, and the annexation of New Vegas and its surrounding areas.

White-collared conservatives flashing down the street
Pointing their plastic finger at me
They're hoping soon, my kind will drop and die
But I'm going to wave my freak flag high
Wave on, wave on
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Dawn Kingdom
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Postby Dawn Kingdom » Mon Aug 27, 2018 3:37 pm

The New California Republic wrote:All replies OOC.

Dawn Kingdom wrote:OOC:What if the accused person is influental politician, oligarch, celebrity, we cannot pose them as criminals, unless government sees some profit in deposing the very person.

...what??

Dawn Kingdom wrote: In that case we can even make some "evidence". This is another anti-corruption proposal.

No...it isn't...


1.) Yes, it is.
2.) If really influential politician is the accused person what should we do? Give reasonable evidence to lock him up in the cell? This wouldn't decrease his influence, but his hatred might grow, but if we will fake the court session, then government might have strong loyal politician on it's side. Same goes for oligarchs/billionairs. We can sabotage accused billionaires into paying government operations, this would benefit our economy quite a much. In exchange we can make evidence dissapear, to ensure releasing of billionaire.
3.) If government sees profit in locking someone in the jail cell, then government might fake some evidence to ensure person's seizure.

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The New California Republic
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Postby The New California Republic » Mon Aug 27, 2018 3:40 pm

Dawn Kingdom wrote:2.) If really influential politician is the accused person what should we do? Give reasonable evidence to lock him up in the cell? This wouldn't decrease his influence, but his hatred might grow, but if we will fake the court session, then government might have strong loyal politician on it's side. Same goes for oligarchs/billionairs. We can sabotage accused billionaires into paying government operations, this would benefit our economy quite a much. In exchange we can make evidence dissapear, to ensure releasing of billionaire.

3.) If government sees profit in locking someone in the jail cell, then government might fake some evidence to ensure person's seizure.

What?? The draft says none of this nonsense. You are reading something into it that isn't even there...
Last edited by Sigmund Freud on Sat Sep 23, 1939 2:23 am, edited 999 times in total.

The Irradiated Wasteland of The New California Republic: depicting the expanded NCR, several years after the total victory over Caesar's Legion, and the annexation of New Vegas and its surrounding areas.

White-collared conservatives flashing down the street
Pointing their plastic finger at me
They're hoping soon, my kind will drop and die
But I'm going to wave my freak flag high
Wave on, wave on
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Dawn Kingdom
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Postby Dawn Kingdom » Mon Aug 27, 2018 3:47 pm

The New California Republic wrote:
Dawn Kingdom wrote:2.) If really influential politician is the accused person what should we do? Give reasonable evidence to lock him up in the cell? This wouldn't decrease his influence, but his hatred might grow, but if we will fake the court session, then government might have strong loyal politician on it's side. Same goes for oligarchs/billionairs. We can sabotage accused billionaires into paying government operations, this would benefit our economy quite a much. In exchange we can make evidence dissapear, to ensure releasing of billionaire.

3.) If government sees profit in locking someone in the jail cell, then government might fake some evidence to ensure person's seizure.

What?? The draft says none of this nonsense. You are reading something into it that isn't even there...


1.) I know that draft is not about it, actually is against it,
2.) It is my position why am I against the draft.

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The New California Republic
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Postby The New California Republic » Mon Aug 27, 2018 3:50 pm

Dawn Kingdom wrote:
The New California Republic wrote:What?? The draft says none of this nonsense. You are reading something into it that isn't even there...


1.) I know that draft is not about it, actually is against it,
2.) It is my position why am I against the draft.

This is about evidence sharing across international borders, I really don't think that you understand what it is saying...
Last edited by Sigmund Freud on Sat Sep 23, 1939 2:23 am, edited 999 times in total.

The Irradiated Wasteland of The New California Republic: depicting the expanded NCR, several years after the total victory over Caesar's Legion, and the annexation of New Vegas and its surrounding areas.

White-collared conservatives flashing down the street
Pointing their plastic finger at me
They're hoping soon, my kind will drop and die
But I'm going to wave my freak flag high
Wave on, wave on
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The New California Republic
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Postby The New California Republic » Mon Aug 27, 2018 4:01 pm

Knessniet wrote:a. Such evidence includes incriminating documents, video, audio, and photographic media.

Keep in mind there is other evidence available, such as DNA/fingerprint evidence, witness testimonies, etc.
Last edited by Sigmund Freud on Sat Sep 23, 1939 2:23 am, edited 999 times in total.

The Irradiated Wasteland of The New California Republic: depicting the expanded NCR, several years after the total victory over Caesar's Legion, and the annexation of New Vegas and its surrounding areas.

White-collared conservatives flashing down the street
Pointing their plastic finger at me
They're hoping soon, my kind will drop and die
But I'm going to wave my freak flag high
Wave on, wave on
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||

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Dawn Kingdom
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Postby Dawn Kingdom » Mon Aug 27, 2018 4:11 pm

The New California Republic wrote:
Dawn Kingdom wrote:
1.) I know that draft is not about it, actually is against it,
2.) It is my position why am I against the draft.

This is about evidence sharing across international borders, I really don't think that you understand what it is saying...


I understand it perfectly. Would you share evidence against your strong politician/oligarch across international borders? We not bribe them with faking evidence, but that is discussion for another day.

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The New California Republic
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Postby The New California Republic » Mon Aug 27, 2018 4:15 pm

Dawn Kingdom wrote:
The New California Republic wrote:This is about evidence sharing across international borders, I really don't think that you understand what it is saying...


I understand it perfectly. Would you share evidence against your strong politician/oligarch across international borders? We not bribe them with faking evidence, but that is discussion for another day.

Based on the outlandish scenario you depicted earlier, you really don't understand what it is saying.
Last edited by Sigmund Freud on Sat Sep 23, 1939 2:23 am, edited 999 times in total.

The Irradiated Wasteland of The New California Republic: depicting the expanded NCR, several years after the total victory over Caesar's Legion, and the annexation of New Vegas and its surrounding areas.

White-collared conservatives flashing down the street
Pointing their plastic finger at me
They're hoping soon, my kind will drop and die
But I'm going to wave my freak flag high
Wave on, wave on
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||

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Imperium Anglorum
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Postby Imperium Anglorum » Mon Aug 27, 2018 4:48 pm

The Compliance Commission can already demand evidence.

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The New California Republic
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Postby The New California Republic » Mon Aug 27, 2018 4:50 pm

Imperium Anglorum wrote:The Compliance Commission can already demand evidence.

I knew that I had seen something similar to this before, but I couldn't quite place it...
Last edited by Sigmund Freud on Sat Sep 23, 1939 2:23 am, edited 999 times in total.

The Irradiated Wasteland of The New California Republic: depicting the expanded NCR, several years after the total victory over Caesar's Legion, and the annexation of New Vegas and its surrounding areas.

White-collared conservatives flashing down the street
Pointing their plastic finger at me
They're hoping soon, my kind will drop and die
But I'm going to wave my freak flag high
Wave on, wave on
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||

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