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[DISCARDED] Repeal "Preventing the Execution of Innocents"

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Auralia
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[DISCARDED] Repeal "Preventing the Execution of Innocents"

Postby Auralia » Tue Sep 25, 2018 9:09 am

Repeal "Preventing the Execution of Innocents"
Category: Repeal | Resolution: GAR #443

Affirming that member states should take all reasonable steps to avoid executing an innocent person;

Regretting that GAR #443, "Preventing the Execution of Innocents", sought to accomplish this goal by establishing an international judicial mechanism for reviewing capital convictions (herein referred to as the "Division") that is grossly unfair, absurdly complex, full of ambiguities, and seems designed to ban capital punishment in all but name;

Criticizing the target resolution in particular for:

  1. demonstrating a fundamental lack of respect for the judicial systems of member states by subjecting every capital case to invasive World Assembly oversight, even when there is zero evidence of negilgence or malpractice,

  2. engaging in unjust discrimination on the basis of member state population by requiring member states to submit "no more than than one capital case per million inhabitants per year" to the Division, rendering it difficult or impossible for smaller nations of fewer than one million people to use capital punishment,

  3. contributing to violations of the basic principles of justice by forcing member states to treat similarly situated convicts differently with respect to their eligibility for capital punishment, depending on whether the member state happened to exceed the aforementioned quota,

  4. blocking valid limits to discovery, such as personally identifying information that is not material to the case, by requiring that the defense be provided with "all evidence collected in the process of investigation" without exception,

  5. blocking valid limits to the admission of evidence, such as proof of fabrication, by requiring member states to "prohibit evidentiary barriers from barring the defence admission of evidence" without exception,

  6. requiring member states to meet the effectively impossible standard of proving that "there could not arise evidence (foreseeable at the time of trial) that would cast doubt on the guilt of the defendant" rather than the more common standard of proving guilt beyond reasonable doubt,

  7. creating needless delay by requiring an additional post-sentencing discovery period of six months each by the Division and the defense, and by arbitrarily requiring these periods to occur serially rather than concurrently,

  8. arbitrarily prohibiting the execution of those who have brutally tortured and killed only one person as opposed to several,

  9. arbitrarily prohibiting member states from extraditing criminals to nations with capital punishment, even those who agree to abide by the protections of the target resolution,

  10. seemingly permitting a defendant to avoid capital punishment by simply not "exhaust[ing] all available appeals" because then the Division cannot certify the case, and

  11. arbitrarily expiring Division certification after only one year even if there have been no material changes to the case record, and providing no clear mechanism for certification to be renewed;
Supporting the passage of true and lasting compromise legislation on the issue of capital punishment;

The General Assembly,

Repeals GAR #443, "Preventing the Execution of Innocents".
Last edited by Wrapper on Fri Nov 23, 2018 5:06 am, edited 7 times in total.
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Bears Armed
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Postby Bears Armed » Tue Sep 25, 2018 9:23 am

Support.
Last edited by Bears Armed on Tue Sep 25, 2018 9:24 am, edited 1 time in total.
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The Earth Systems Alliance
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Postby The Earth Systems Alliance » Tue Sep 25, 2018 9:39 am

"Full support!" exclaims Ambassador Irons

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Aclion
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Inoffensive Centrist Democracy

Postby Aclion » Tue Sep 25, 2018 9:39 am

Support. would like to see reference to the replacement being drafted, and to the fact that "Preventing the Execution of Innocents" prescription on execution for violent crimes prevents the execution of people who commit crimes crimes such as theft of nuclear secrets.
Last edited by Aclion on Tue Sep 25, 2018 9:47 am, edited 1 time in total.
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Kenmoria
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Postby Kenmoria » Tue Sep 25, 2018 10:47 am

“Opposed, on the the principle that an outright ban would be the best option for the WA to implement, and the target resolution gets extremely close to that ideal. However, this is the best of the repeal attempts I’ve seen so far.”

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Wallenburg
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Postby Wallenburg » Tue Sep 25, 2018 11:27 am

This is beautiful. Full support.
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Liberimery
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Postby Liberimery » Tue Sep 25, 2018 2:24 pm

Should include language that indicates that as the Division derives funding from the general fund, it makes WA member states pay for the WA authorization of the Death Penalty punishment that member states without death penalty do not authorize.

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Kowani
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Postby Kowani » Wed Sep 26, 2018 12:23 am

Aclion wrote:Support. would like to see reference to the replacement being drafted, and to the fact that "Preventing the Execution of Innocents" prescription on execution for violent crimes prevents the execution of people who commit crimes crimes such as theft of nuclear secrets.

"Ambassador, if your government is so incompetent you lost nuclear secrets, I have to question your capability,"
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Separatist Peoples
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Postby Separatist Peoples » Wed Sep 26, 2018 3:28 am

Kowani wrote:
Aclion wrote:Support. would like to see reference to the replacement being drafted, and to the fact that "Preventing the Execution of Innocents" prescription on execution for violent crimes prevents the execution of people who commit crimes crimes such as theft of nuclear secrets.

"Ambassador, if your government is so incompetent you lost nuclear secrets, I have to question your capability,"

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Liberimery
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Founded: May 27, 2018
Anarchy

Postby Liberimery » Wed Sep 26, 2018 4:32 am

Separatist Peoples wrote:
Kowani wrote:"Ambassador, if your government is so incompetent you lost nuclear secrets, I have to question your capability,"

"Julius and Ethel Rosenberg," says Bell in a trance-like state.


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Isansland
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Founded: Sep 05, 2018
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Postby Isansland » Wed Sep 26, 2018 3:03 pm

I oppose. I believe there should be no capital punishment.

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Liberimery
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Founded: May 27, 2018
Anarchy

Postby Liberimery » Wed Sep 26, 2018 4:13 pm

Isansland wrote:I oppose. I believe there should be no capital punishment.


Then you should support. The target resolution allows for Capital punishment.

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Old Hope
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Postby Old Hope » Wed Sep 26, 2018 5:05 pm

Auralia wrote:[*]blocking valid limits to discovery, such as personally identifying information that is not material to the case, by requiring that the defense be provided with "all evidence collected in the process of investigation" without exception,

For us, this is the red line, and for all others....


This is a problem unrelated to the question of admitting capital punishment. And a very serious one.
Last edited by Old Hope on Wed Sep 26, 2018 5:05 pm, edited 1 time in total.

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Isansland
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Postby Isansland » Wed Sep 26, 2018 5:43 pm

Liberimery wrote:
Isansland wrote:I oppose. I believe there should be no capital punishment.


Then you should support. The target resolution allows for Capital punishment.


As long as it doesn't change a nations policies it doesn't really affects you.

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Kowani
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Psychotic Dictatorship

Postby Kowani » Wed Sep 26, 2018 6:56 pm

Separatist Peoples wrote:
Kowani wrote:"Ambassador, if your government is so incompetent you lost nuclear secrets, I have to question your capability,"

"Julius and Ethel Rosenberg," says Bell in a trance-like state.

Because nobody’s ever questioned the competance of the US government. :roll:
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Of the Quendi
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Civil Rights Lovefest

Postby Of the Quendi » Thu Sep 27, 2018 12:24 am

"We fully support this repeal" SMFAWA Malréd enthusiastically exclaimed.
Last edited by Of the Quendi on Thu Sep 27, 2018 12:28 am, edited 1 time in total.
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New Bremerton
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Postby New Bremerton » Thu Sep 27, 2018 7:36 am

New Bremerton offers its full and unconditional support for the repeal of the highly confusing and deliberately misleading resolution "Preventing the Execution of Innocents", the best repeal attempt to date, in light of all the other badly written and failed repeal attempts. The fact that those who drafted and sponsored this deceptive piece of legislation could possibly stoop so low in their attempt to impose a very narrow ideological worldview on the rest of us here in this Hallowed Assembly is something we must never forgive nor forget. The World Assembly should not be a platform for certain nations to deliberately mislead and deceive other member states into implementing a hidden agenda. Perhaps an SC condemnation is in order.

As an aside, this nation has not experienced a single murder in more than ten years, despite its massive and growing population. Thus, there has been no execution for more than ten years. Therefore, the clause limiting nations to no more than one case per one million people, among other clauses, is mostly an academic issue for the average New Bremertonian. However, it clearly violates the judicial independence of other states with small populations that typically suffer from a much higher crime rate, and thus we will continue to stand in solidarity with them as a matter of principle.
Last edited by New Bremerton on Thu Sep 27, 2018 7:37 am, edited 1 time in total.
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Liberimery
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Founded: May 27, 2018
Anarchy

Postby Liberimery » Thu Sep 27, 2018 11:12 am

Can we also add that the target resolution authorizes the WA to hold their deliberations of the evidence in a secret trial which gives the defendant no right to examine the merits of the evidence against them nor States no ability to make changes to correct mistakes they made in their handling of evidence?

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Sougra
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Civil Rights Lovefest

Postby Sougra » Thu Sep 27, 2018 7:50 pm

While I disagree with capital punishment, I am in favour of this repeal. However, if possible, I would like to see a well-written replacement resolution on capital punishment as soon as reasonably possible.
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United Massachusetts
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Postby United Massachusetts » Thu Sep 27, 2018 8:36 pm

Sougra wrote:While I disagree with capital punishment, I am in favour of this repeal. However, if possible, I would like to see a well-written replacement resolution on capital punishment as soon as reasonably possible.

We have one. Ban on Capital Punishment.
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Imperium Anglorum
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Postby Imperium Anglorum » Thu Sep 27, 2018 10:10 pm

Liberimery wrote:States no ability to make changes to correct mistakes they made in their handling of evidence?

Put that in the resolution!

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Liberimery
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Founded: May 27, 2018
Anarchy

Postby Liberimery » Fri Sep 28, 2018 5:37 am

Imperium Anglorum wrote:
Liberimery wrote:States no ability to make changes to correct mistakes they made in their handling of evidence?

Put that in the resolution!


What do you think you see in selected exert of my full statement?

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Sterkistan
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Postby Sterkistan » Fri Sep 28, 2018 11:42 pm

Full support.
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Old Hope
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Postby Old Hope » Sat Sep 29, 2018 4:20 am

Sterkistan wrote:Full support.

Submit please.

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Sefy the Great
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Psychotic Dictatorship

Postby Sefy the Great » Sat Sep 29, 2018 4:23 am

Old Hope wrote:
Sterkistan wrote:Full support.

Submit please.

we're only one damn page into the debate here! submitting is for page three!
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