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[REPLACEMENT] Capital Punishment Act

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Xanthal
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Posts: 1555
Founded: Apr 16, 2005
Scandinavian Liberal Paradise

Postby Xanthal » Wed Nov 07, 2018 10:13 pm

In addition to my increasingly tired refrain against the definition of execution as a punishment, Xanthal objects to the following provisions:

2. The primary consideration in sentencing should be the future costs and benefits to perpetrators, victims, and society, not the nature of the original offense.
4a. The WA does not recognize unborn rights in the matter of abortions; we fail to see why they should be recognized in the matter of executions.
4b/c. The competence of the convicted has no relevance to the appropriate remedy; either they can be safely reintroduced to society or they cannot. Indefinite imprisonment is a pointless and cruel alternative sentence to death.
8a. While I understand that some societies consider corpses to merit treatment beyond their status as large sacks of dead flesh, forcing that notion upon the rest of us- particularly by prescribing special treatment for these ignominious cases- is not desirable.
8b. What exactly is 'appropriate restitution' for the unjust taking of life, and to whom would such restitution be paid? This provision is meaningless at best and insulting to the value of sapient life at worst.
12. The use of blocking language here is uncalled for.
13. Don't spend twelve clauses laying out acceptable conditions for carrying out an execution and then play money games. Withholding WA funds for legitimate judicial practices only harms the ability of poor members to carry out justice fairly and effectively.
14. This clause does nothing: further legislation not explicitly blocked by language in past resolutions is already allowed by default.
Last edited by Xanthal on Thu Nov 08, 2018 12:43 pm, edited 4 times in total.
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Doing it Rightland
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Founded: Dec 20, 2017
Ex-Nation

Postby Doing it Rightland » Thu Nov 08, 2018 8:44 pm

I am in support of this replacement. It still ensures proper conduct during capital punishments, but it does so in a manner that isn't tantamount to banning it within nations. We certainly hope your repeal passes. If for whatever reason it does not, I had written one as well. Hopefully it doesn't come to that, though.
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Astoriya
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Founded: Oct 04, 2018
Ex-Nation

Postby Astoriya » Fri Nov 09, 2018 9:15 am

We fully reject and oppose this proposition.

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New Bremerton
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Founded: Jul 20, 2018
Ex-Nation

Postby New Bremerton » Sat Nov 10, 2018 3:30 am

Auralia wrote:
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.


7. While our current policy with regard to capital punishment is an eye for an eye, namely that the condemned person is to be executed in exactly the same way that his/her victims were killed i.e. gas chamber for criminals who gas their victims, burning at the stake with gasoline if that's how their victims died etc., we are prepared to forgo this policy in order to ensure the passage of this resolution. We will continue to hang and shoot our criminals, provided that any degree of suffering is kept to a bare minimum.

8a. There have been instances in our nation's history in which the remains of foreign terrorists and war criminals apprehended from abroad under the principle of universal jurisdiction have been returned to their families residing abroad, whose funerals have been used to incite further violence against New Bremerton or other nations. In such instances, we are prepared to hand the remains of these criminals over to their families within New Bremerton, and for any such funerals to be held within our borders, provided that these remains are prevented from leaving the country.

All in all, this is an excellent proposal, and I hope the repeal of Preventing the Execution of Innocents and this resolution are voted into law.
LIBERA TE TUTEMET EX INFERIS (Liberate yourself from hell)
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Ru-
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Posts: 1112
Founded: Aug 01, 2016
Capitalist Paradise

Postby Ru- » Wed Dec 19, 2018 11:06 pm

An excellent common sense capital punishment resolution, finally. We don't see how any good faith capital punishment member of this assembly can be opposed to these fair protections in the name of civil rights and common decency.

It acknowledges the right of nations to implement this if they deem it necessary, and respects their fundamental societal beliefs, while at the same time also insuring that the WA sets a firm standard on what we as a global community should tolerate from our membership on this critical moral issue. It is a fair and just compromise that anyone who respects the authority of this great assembly can agree to. Well done. Ru will be fully in favor if the opportunity to pass this resolution comes, and wish you the very best of luck in this endeavor.
Last edited by Ru- on Wed Dec 19, 2018 11:06 pm, edited 1 time in total.
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Kashtyria
Bureaucrat
 
Posts: 48
Founded: May 19, 2018
Ex-Nation

Postby Kashtyria » Thu Dec 20, 2018 12:49 pm

Generally I believe that the death penalty should be outlawed as soon as possible in all nations in the whole world. Therefore I support any resolution that hinders an execution from occurring, which means also "Preventing the Execution of Innocents".
But in the case that resolution gets repealed this one could be a good replacement. Most of the parts I like, however, some of the clauses should be changed or removed:

2. "crimes for which death is a proportionate punishment" - for me that sounds way too much like "eye for an eye, tooth for an tooth". Also, in my opinion no single nation should judge about war/anti-peace crimes, only a WA court which should not use execution as a way of punishment (clause 13).

3. What should this one do? "Defend society" can mean literally anything. Menta Lee-Il would probably say that killing all criticizers is "defending society". I think this clause is unnecessary as dictatorships could use it to defend the execution of so-called traitors.

5. b) Maybe I think a little bit to economic at this point, but why shouldn't there be "summary executions"? By executing several persons at once the expenditure of executions and also the media trouble could be decreased.

1. & 14. I personally would like to have these both changed in a way that there is no need to repeal this to finally outlaw death penalty.

In the case it is needed and no tighter resolution is available very likely voting for this one.

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Diversita
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Posts: 33
Founded: Oct 24, 2018
Ex-Nation

Postby Diversita » Thu Dec 20, 2018 3:38 pm

Mostly, this is good and I can agree with it. However:-

"murder, treason, war crimes, crimes against humanity, and crimes against peace"

This I can only conditionally agree with. Crimes such as Murder, Treason and War Crimes tend to be very established in their definitions in a way that all nations can agree with.

However, Crimes Against Humanity and Crimes Against Peace tend to be extremely varied in their definition. Crimes against humanity tend to depend strongly on a nation's political leaning while crimes against peace can vary from big things like public riots designed to incite war with another nation to the smallest things like picking a fight with a single other person because you had too much to drink. It'd be nice to think the resolution could give individual nations reasons to review this but I'm concerned about how nations could abuse it to consider a traveller from another nation to be committing a crime against peace simply by coming into the country in the first place. I will change my vote on the current repeal to allow this as a possibility but I do think that this is something that should be considered before it's put to the vote.

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Elwher
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Posts: 9217
Founded: May 24, 2012
Capitalizt

Postby Elwher » Fri Dec 21, 2018 9:13 am

"Directs member states to accede to the reasonable requests of a condemned person to permit:
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
a chaplain of a religious denomination specified by the condemned person to minister to the condemned person prior to and during their execution;"

I believe that there may well exist situations where the condemned needs to be held incommunicado for security reasons or to prevent him/her from issuing directions to followers not yet apprehended. Therefore, I cannot support a visitation requirement.
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Sierra Lyricalia
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Founded: Nov 29, 2008
Left-wing Utopia

Postby Sierra Lyricalia » Fri Dec 21, 2018 12:30 pm

Elwher wrote:"Directs member states to accede to the reasonable requests of a condemned person to permit:
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
a chaplain of a religious denomination specified by the condemned person to minister to the condemned person prior to and during their execution;"

I believe that there may well exist situations where the condemned needs to be held incommunicado for security reasons or to prevent him/her from issuing directions to followers not yet apprehended. Therefore, I cannot support a visitation requirement.


"In such cases, surely the national government is competent to determine that the visitation request is not reasonable? This objection doesn't appear valid."

"On the other hand, we persist in our opinion that Clauses 12 and 13, if not modified to be exclusive of those charged with war crimes or crimes against humanity, will drastically reduce the ability of member nations, and the WA at large, to bring such criminals to justice. We would strongly prefer such a limitation to be added."
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Diversita
Secretary
 
Posts: 33
Founded: Oct 24, 2018
Ex-Nation

Postby Diversita » Fri Dec 21, 2018 4:27 pm

Sierra Lyricalia wrote:
Elwher wrote:"Directs member states to accede to the reasonable requests of a condemned person to permit:
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
a chaplain of a religious denomination specified by the condemned person to minister to the condemned person prior to and during their execution;"

I believe that there may well exist situations where the condemned needs to be held incommunicado for security reasons or to prevent him/her from issuing directions to followers not yet apprehended. Therefore, I cannot support a visitation requirement.


"In such cases, surely the national government is competent to determine that the visitation request is not reasonable? This objection doesn't appear valid."

"On the other hand, we persist in our opinion that Clauses 12 and 13, if not modified to be exclusive of those charged with war crimes or crimes against humanity, will drastically reduce the ability of member nations, and the WA at large, to bring such criminals to justice. We would strongly prefer such a limitation to be added."


On both points I'd agree, although, on the first point I would suggest an official allowance for that. An exception to prevent the requirement from presenting a threat to national or world security maybe.

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