[REPLACEMENT] Capital Punishment Act

[Auralia]

This proposal is a replacement for Preventing the Execution of Innocents upon its inevitable failure or repeal.

It is a blocker similar to Assisted Suicide Act but I believe it to be somewhat more restrictive than Convention on Execution and Crime and Punishment, the two prior General Assembly resolutions on capital punishment.

Capital Punishment Act
Category: Civil Rights | Strength: Significant

Recognizing the controversy surrounding capital punishment and this Assembly's repeated attempts to legislate on this issue,

Seeking to enact a compromise whereby member states retain the freedom to use capital punishment subject to reasonable restrictions, or alternatively to prohibit the practice altogether,

The General Assembly,

1. Permits member states to use capital punishment, subject to this resolution and prior World Assembly law;
   
   
2. Restricts the use of capital punishment to grave crimes for which death is a proportionate punishment, including but not limited to aggravated murder, treason, war crimes, crimes against humanity, and crimes against peace;
   
   
3. Recommends that, in the interests of mercy, member states refrain from the use of capital punishment except where necessary to defend society;
   
   
4. Prohibits member states from executing a person for a crime if that person:
   
   1. is pregnant,
   2. was under the age of legal competence when the crime was committed, or
   3. cannot be held legally responsible for the crime for reasons such as mental illness;
5. Requires member states to:
   
   1. provide, at a minimum, the same protections under criminal procedure to condemned persons and defendants potentially subject to capital punishment that are afforded to any other convict or defendant,
   2. refrain from performing summary or extrajudicial executions, and
   3. take all reasonable steps to ensure that no person is wrongfully executed, including but not limited to deferring an execution until all available appeals have been exhausted or waived;
6. Directs member states to accede to the reasonable requests of a condemned person to permit:
   
   1. close friends and family of the condemned person to visit the condemned person prior to their execution and to be present during their execution, and
   2. a chaplain of a religious denomination specified by the condemned person to minister to the condemned person prior to and during their execution;
7. Prohibits member states from employing any method of capital punishment that causes suffering unnecessary to facilitate the timely death of a conscious person, including but not limited to burning, dismemberment, or starvation;
   
   
8. Requires member states to:
   
   1. treat the bodies of executed persons with dignity and respect, and to provide them to the executed person's family or other individual previously designated by the executed person if available, and
   2. make appropriate restitution in the event of a wrongful execution, in accordance with World Assembly law;
9. Prohibits member states from:
   
   1. requiring any person to assist in an execution in cases where:
      
      1. the person would otherwise have a duty to assist in an execution to pursuant to government regulation, an employment agreement, or a contract, and
      2. the person sincerely objects to the practice of capital punishment,
   2. punishing or otherwise discriminating against such a person for refusing to assist in an execution in such circumstances;
10. Clarifies that the prior clause does not apply to persons who:
    
    1. fail to provide reasonable notice of their objections to appropriate parties, as required by law, in advance of refusing to carry out their duties, or
    2. object to performing the majority of the duties for which they are employed or contracted;
11. Prohibits member states from extraditing a person to any jurisdiction that has not acceded to the requirements of this resolution, to the extent permitted by prior World Assembly law;
    
    
12. Permits member states to refrain from extraditing a person to any jurisdiction where they would potentially be subject to capital punishment, to the extent permitted by prior World Assembly law;
    
    
13. Prohibits World Assembly institutions from issuing or carrying out a sentence of capital punishment, or providing any funds to a member state for such purpose;
    
    
14. Clarifies that nothing in this resolution prohibits the World Assembly from further legislating on criminal law, so long as such legislation is neutral with respect to the practice of capital punishment.

[Kenmoria]

“Put line breaks between each clause please. Also, I like the WA stance on capital punishment espoused by ‘Preventing the Execution of Innocents’ and believe that the World Assembly should prohibit the cruel and outdated penalty of the death penalty.”

[Auralia]

“Put line breaks between each clause please.

That's not possible when using a numbered list. Line breaks will automatically be added when the proposal is submitted.

EDIT: Actually, it is, if you add empty lists after each line. I'll just remove those when it's time to submit.

[United Massachusetts]

“Put line breaks between each clause please.

That's not possible when using a numbered list. Line breaks will automatically be added when the proposal is submitted.

EDIT: Actually, it is, if you add empty lists after each line. I'll just remove those when it's time to submit.

Or, you could do it this way:

Code: Select all

[list=1]
[*]Lifts high the Cross,


[*]Proclaims the love of Christ,


[*]Adores his sacred name.[/list]

1. Lifts high the Cross,
   
   
2. Proclaims the love of Christ,
   
   
3. Adores his sacred name.

You just have to put two empty lines between. Not just one. And that carries over to the proposal interface.

Lift high the Cross,
The Love of Christ proclaim,
'Till all the world adores
His sacred name.

[New Excalibus]

I like this. Preventing the Execution of Innocents is a good proposal, and I hate to see it go down, because either it's going to be voted out or it will be repealed, so we need to sort of in a way repeal the repeal.

[The Rhenish League]

"Consider us supporters! As we have already mentioned, we have voted against the resolution in question for the reasons you have pointed out; valid points that go far beyond the usual 'NatSov' thing. Thus, the Rhenish League is very likely to vote for this alternative piece of legislation you provide, should it get onto the floor.

One little suggestion for clause 3b: '[...] was under the age of legal competence, as defined by national law, when the crime was committed [...]' - or something similar; just a completion to sort out possible misunderstandings regarding the definition of the particular age at which a person can be held responsible enough for their crime to make the application of death penalty justifiable."

[Jebslund]

"We stand in support of this replacement."

[Joushiki Nante Iranai]

Supporting. The resolution at vote goes too far, this is a good compromise.

[Kenmoria]

“Clause 2 is very vague, and could be constructed to mean almost anything depending on the cultural values and priorities of individual nations. Also, I disagree with clause 9 in that people should definitely be anesthetised before their death, not doing so means willingly causing pain and is thus little more than torture.”

[Wallenburg]

7. Requires member states to permit, at the request of a condemned person, a chaplain of a religious denomination specified by the condemned person to minister to the condemned person prior to and during their execution;

"I have two questions. First, how does this affect member states that do not attach chaplains to their prison systems? Second, in the event that such a request would put the health or safety of the relevant chaplain at risk, are member states still required to permit the request?"

12. Prohibits member states from extraditing a person to a non-member state where they would potentially be subject to capital punishment;

13. Permits member states to refrain from extraditing a person to any jurisdiction where they would potentially be subject to capital punishment, to the extent permitted by prior unrepealed resolutions;

"We are opposed to this. Allowing criminals to roam freely because they escaped to another member state is unacceptable. These clauses will only erode diplomatic ties and distress the justice systems of member and non-member states alike."

[Liberimery]

Is there language that allows countries without death penalty to refuse an extradition to nations that have death penalty if and only if the crime requested for extradition is a capital offense.

[United Massachusetts]

"We are opposed."

[Cosmopolitan borovan]

"Opposed, repeal crime and punishement passed by 75%, it proves to be a contentious issue that may be repealed again."

[Naliferne Ter]

There is a lot of good ideas here that I think would be valuable additions to the current bill

[Auralia]

I have made a few changes to the proposal, including: reordering some clauses, adding conscience rights, clarifying the restitution clause in order to avoid duplicating or contradicting existing resolutions, and granting some additional visitation rights to the condemned person.

You just have to put two empty lines between. Not just one. And that carries over to the proposal interface.

Thanks for the tip!

One little suggestion for clause 3b: '[...] was under the age of legal competence, as defined by national law, when the crime was committed [...]' - or something similar; just a completion to sort out possible misunderstandings regarding the definition of the particular age at which a person can be held responsible enough for their crime to make the application of death penalty justifiable."

Existing World Assembly regulation defines the term "legal competence".

“Clause 2 is very vague, and could be constructed to mean almost anything depending on the cultural values and priorities of individual nations.

We believe the examples provided are sufficient to establish the relative gravity of offenses that merit capital punishment.

Also, I disagree with clause 9 in that people should definitely be anesthetised before their death, not doing so means willingly causing pain and is thus little more than torture.”

Punishment is inherently painful insofar as it constitutes the deprivation of some good. Consider that few nations anesthetize prisoners for the duration of their sentence, despite the fact that incarceration and penal labour are rarely a pleasant experience. The experience of incarceration is part of the punishment, just as the experience of death is part of capital punishment.

"I have two questions. First, how does this affect member states that do not attach chaplains to their prison systems?

Presumably not at all? The member state is not obliged to make a chaplain available, simply to permit access.

Second, in the event that such a request would put the health or safety of the relevant chaplain at risk, are member states still required to permit the request?"

That is not the intent. I have made a change to the proposal such that the request must be "reasonable" which should clarify this.

12. Prohibits member states from extraditing a person to a non-member state where they would potentially be subject to capital punishment;

13. Permits member states to refrain from extraditing a person to any jurisdiction where they would potentially be subject to capital punishment, to the extent permitted by prior unrepealed resolutions;

"We are opposed to this. Allowing criminals to roam freely because they escaped to another member state is unacceptable. These clauses will only erode diplomatic ties and distress the justice systems of member and non-member states alike."

If a member state were to affirm that they will not execute the convict, that should be sufficient for existing extradition requirements to apply.

I have also narrowed the non-member state prohibition to permit non-member states to do the same.

Is there language that allows countries without death penalty to refuse an extradition to nations that have death penalty if and only if the crime requested for extradition is a capital offense.

As I said, I believe the current language makes it clear that if a state were to affirm that they will not execute the convict, that should be sufficient for existing extradition requirements to apply.

"Opposed, repeal crime and punishement passed by 75%, it proves to be a contentious issue that may be repealed again."

This resolution is somewhat stricter than Crime and Punishment, at least in its latest iteration.

Martin Russell
Chief Ambassador, Auralian Mission to the World Assembly

[Xanthal]

It is the position of the Federation that if someone proves themselves an ongoing threat to public safety which cannot be reasonably mitigated, it shouldn't matter what their mental health status is. We have had leaders with serious mental health diagnoses, and if they were here I know they'd be outraged by the notion that a letter from a psychologist should require them to be treated differently before the law simply because of their condition. Clauses like 4c only apply meaningfully to retributive systems; they're absurd in positive justice. If a crime was committed by a mentally ill person because of their condition and that condition can be treated in a manner such that they're no longer a risk to those around them the treatment should be given and the person released, just as a person without mental illness should be released if rehabilitation brings their criminal impulses under control. If such a treatment is not possible, what rational basis is there for sentencing them differently than any other offender?

[Sierra Lyricalia]

"We would support this resolution wholeheartedly if Clauses 12 and 13 were modified to exclude those suspected of war crimes or crimes against humanity from their protections. As currently written these clauses would castrate the World Assembly's - and its members' - ability to achieve justice for such crimes."

[Caninonear]

This proposal is a replacement for Preventing the Execution of Innocents upon its inevitable failure or repeal.

It is a blocker similar to Assisted Suicide Act but I believe it to be somewhat more restrictive than Convention on Execution and Crime and Punishment, the two prior General Assembly resolutions on capital punishment.

Capital Punishment Act
Category: Civil Rights | Strength: Significant

Recognizing the controversy surrounding capital punishment and this Assembly's repeated attempts to legislate on this issue,

Seeking to enact a compromise whereby member states retain the freedom to use capital punishment subject to reasonable restrictions, or alternatively to prohibit the practice altogether,

The General Assembly,

1. Permits member states to use capital punishment, subject to this resolution and prior World Assembly law;
   
   
2. Restricts the use of capital punishment to grave crimes for which death is a proportionate punishment, including but not limited to aggravated murder, treason, war crimes, crimes against humanity, and crimes against peace;
   
   
3. Recommends that, in the interests of mercy, member states refrain from the use of capital punishment except where necessary to defend society;
   
   
4. Prohibits member states from executing a person for a crime if that person:
   
   1. is pregnant,
   2. was under the age of legal competence when the crime was committed, or
   3. cannot be held legally responsible for the crime for reasons such as mental illness;
5. Requires member states to:
   
   1. provide, at a minimum, the same protections under criminal procedure to condemned persons and defendants potentially subject to capital punishment that are afforded to any other convict or defendant,
   2. refrain from performing summary or extrajudicial executions, and
   3. take all reasonable steps to ensure that no person is wrongfully executed, including but not limited to deferring an execution until all available appeals have been exhausted or waived;
6. Directs member states to accede to the reasonable requests of a condemned person to permit:
   
   1. close friends and family of the condemned person to visit the condemned person prior to their execution and to be present during their execution, and
   2. a chaplain of a religious denomination specified by the condemned person to minister to the condemned person prior to and during their execution;
7. Prohibits member states from employing any method of capital punishment that causes suffering unnecessary to facilitate the timely death of a conscious person, including but not limited to burning, dismemberment, or starvation;
   
   
8. Requires member states to:
   
   1. treat the bodies of executed persons with dignity and respect, and to provide them to the executed person's family or other individual previously designated by the executed person if available, and
   2. make appropriate restitution in the event of a wrongful execution, in accordance with World Assembly law;
9. Prohibits member states from:
   
   1. requiring any person to assist in an execution in cases where:
      
      1. the person would otherwise have a duty to assist in an execution to pursuant to government regulation, an employment agreement, or a contract, and
      2. the person sincerely objects to the practice of capital punishment,
   2. punishing or otherwise discriminating against such a person for refusing to assist in an execution in such circumstances;
10. Clarifies that the prior clause does not apply to persons who:
    
    1. fail to provide reasonable notice of their objections to appropriate parties, as required by law, in advance of refusing to carry out their duties, or
    2. object to performing the majority of the duties for which they are employed or contracted;
11. Prohibits member states from extraditing a person to any jurisdiction that has not acceded to the requirements of this resolution, to the extent permitted by prior World Assembly law;
    
    
12. Permits member states to refrain from extraditing a person to any jurisdiction where they would potentially be subject to capital punishment, to the extent permitted by prior World Assembly law;
    
    
13. Prohibits World Assembly institutions from issuing or carrying out a sentence of capital punishment, or providing any funds to a member state for such purpose;
    
    
14. Clarifies that nothing in this resolution prohibits the World Assembly from further legislating on criminal law, so long as such legislation is neutral with respect to the practice of capital punishment.

[Imperium Anglorum]

"We would support this resolution wholeheartedly if Clauses 12 and 13 were modified to exclude those suspected of war crimes or crimes against humanity from their protections. As currently written these clauses would castrate the World Assembly's - and its members' - ability to achieve justice for such crimes."

That's the point of the resolution.

[Arasi Luvasa]

"We are opposed. Even more so in that we believe the range of crimes this could be applied to is too broad and the idea that the added pain is necessary. The primary argument for the death penalty lies in it being necessary to protect society from exceptionally dangerous individuals, not that it is a good punitive measure. If this is true, there is no need for the pain caused by a lack of anasthaesia and besides then one could question why this is where the line is arbitrarily drawn."

[Fun time land of Fun]

We the people of our great republic do not support this.

[Demiurges]

Just reread in full. Actually I fully reject.

[Blackledge]

Far superior to the act it would replace. Full support.

[Bears Armed]

"I would suggest extending clause 1 by adding the words 'that is still in force' after 'prior World Assembly law', to help clarify that repealed resolutions on the subject do not have to be taken into account."

"Also, does clause 9 really say that a person could voluntarily contract to do a job that potentially includes involvement in carrying out executions, and then refuse to perform that duty on grounds of conscience, without facing any penalty? I think that, at the least, it should explicitly be possible to dismiss them from those jobs."

Hwa Sue,
Legal Attaché,
Bears Armed Mission to the World Assembly
(and anthropomorphic male Giant Panda).

[Liberimery]

"I would suggest extending clause 1 by adding the words 'that is still in force' after 'prior World Assembly law', to help clarify that repealed resolutions on the subject do not have to be taken into account."

"Also, does clause 9 really say that a person could voluntarily contract to do a job that potentially includes involvement in carrying out executions, and then refuse to perform that duty on grounds of conscience, without facing any penalty? I think that, at the least, it should explicitly be possible to dismiss them from those jobs."

Hwa Sue,
Legal Attaché,
Bears Armed Mission to the World Assembly
(and anthropomorphic male Giant Panda).

I'd err on the side of typo, Ambassador, but applaud the catch. I think the intent was to prevent a medical doctor from administering leathal injection while covering for the prisons doctor on an emergency leave.