[DRAFT] Repeal "Preventing the Execution of Innocents"

[Auralia]

For re-submission in a few months, when the political climate has changed somewhat. This is my proposed replacement.

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 individuals to other member states with capital punishment if said individuals are likely to be charged with capital offenses, even if said member states 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", 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".

[Auralia]

Incidentally, if you're here to post about how this repeal is a waste of time and that the "voters have spoken" and so on, I'd ask you to please refrain from doing so, as you're not going to change my mind.

The original version of this repeal passed. The second attempt failed because of a margin of 1 in the forum vote in TNP.

PtEoI is an objectively terrible resolution for supporters and opponents of capital punishment alike, as evidenced by the fact that nations as ideologically disparate as Tinfect, Sierra Lyricalia, and Auralia are all actively trying to get rid of it. It will be repealed eventually.

[Wallenburg]

Support

[New Bremerton]

OOC: For the OP's reference, I will simply repost TNP's TG and Bears Armed's advice from the [DEFEATED] thread here:

First, TNP:

The Ministry is nearly equally divided about this repeal. Among Ministry members, there is a majority objection to the practice of capital punishment, but the GA has elected to maintain this punitive option for member nations. GA#443 Preventing the Execution of Innocents (the target of this repeal) was passed to maintain checks and balances, and to create a WA body for sober second thought and review of such cases before executions may take place. The objective being to prevent innocent persons from being executed by overzealous, careless, or corrupted judiciaries. Noble in that cause, GA#443 also has its flaws and is perceived by some as too complex and invasive. As the Ministry vote is nearly equally split, the deciding factor must be the likelihood of passage of any replacing legislation, should the target be repealed. While this repeal makes a competent case in pointing out the flaws in the target, it is the opinion of the Ministry that the pursuant replacement would be unlikely to pass, leaving no protections whatsoever against unsound verdicts leading to the execution of innocents in a criminal context. At present, it is the belief of the Ministry that even a flawed legislation that saves innocent lives is better than no legislation at all.

For this reason, The Ministry of World Assembly Affairs recommends a vote Against this proposal.

Emphasis mine. The message is clear. If PtEoI is to be repealed, any replacement resolution must enjoy broad support from WA member states.

BA's advice:

Maybe somebody needs to point out to TNP that the GA already has resolutions forbidding punishment without trials, and requiring trials to be fair, so that any member nations which do practice capital punishment are fairly unlikely to execute innocents anyway...

Full support, as usual.

EDIT: I almost forgot. Merry Christmas to you all and a very Happy New Year!

[Fecaw]

Support

[THX1138]

OOC: For the OP's reference, I will simply repost...Bears Armed's advice from the [DEFEATED] thread here:

BA's advice:

Maybe somebody needs to point out to TNP that the GA already has resolutions forbidding punishment without trials, and requiring trials to be fair, so that any member nations which do practice capital punishment are fairly unlikely to execute innocents anyway...

OOC: I'd be inclined to have BA read up on The [US] National Academy of Science's comprehensive report, concluding (conservatively) that 4% of all executions carried out in the US were of innocent persons:
https://www.pnas.org/content/111/20/7230

The reality is that, over time, it is very likely that any state engaging in this practice, even one with a competent system of justice, will murder innocent people.

[Tinfect]

OOC: For the OP's reference, I will simply repost...Bears Armed's advice from the [DEFEATED] thread here:

BA's advice:

OOC: I'd be inclined to have BA read up on The [US] National Academy of Science's comprehensive report, concluding (conservatively) that 4% of all executions carried out in the US were of innocent persons:
https://www.pnas.org/content/111/20/7230

The reality is that, over time, it is very likely that any state engaging in this practice, even one with a competent system of justice, will murder innocent people.

OOC:
It is worth noting that the US justice system is absolutely not a paragon of accuracy or fairness. It's a racist, sexist abomination that is practically designed to rush to judgement. It is an example of a failure, not a competent legal system.

[Sciongrad]

OOC: I'd be inclined to have BA read up on The [US] National Academy of Science's comprehensive report, concluding (conservatively) that 4% of all executions carried out in the US were of innocent persons:
https://www.pnas.org/content/111/20/7230

The reality is that, over time, it is very likely that any state engaging in this practice, even one with a competent system of justice, will murder innocent people.

OOC:
It is worth noting that the US justice system is absolutely not a paragon of accuracy or fairness. It's a racist, sexist abomination that is practically designed to rush to judgement. It is an example of a failure, not a competent legal system.

OOC: It’s reassuring that there are no racist, sexist or incompetent states in the WA that would similarly abuse execution in the WA!

[Bobberino]

Support.

[Kenmoria]

“With regards to the ‘regretting’ clause, what exactly are the ambiguities that the Division has in its mission? I cannot see anything beyond quite precise and specialist vocabulary with a clear goal.”

Incidentally, if you're here to post about how this repeal is a waste of time and that the "voters have spoken" and so on, I'd ask you to please refrain from doing so, as you're not going to change my mind.

The original version of this repeal passed. The second attempt failed because of a margin of 1 in the forum vote in TNP.

PtEoI is an objectively terrible resolution for supporters and opponents of capital punishment alike, as evidenced by the fact that nations as ideologically disparate as Tinfect, Sierra Lyricalia, and Auralia are all actively trying to get rid of it. It will be repealed eventually.

(OOC: I don’t see what isn’t true about the fact that this has once failed at vote, and once passed but ultimately discarded due to a rules violation; that seems like a quite clear cut instances of people wanting the target to stay.)

[Tinfect]

OOC: It’s reassuring that there are no racist, sexist or incompetent states in the WA that would similarly abuse execution in the WA!

OOC:
Like they abuse every other sentence that can be given! If you want to stop abuses, write legislation that stops abuses! It's almost like the target resolution does nothing to stop abuses, but instead just makes them marginally less convenient, and incentivizes even worse punishments!

I get it, Auralia's proposed replacement is trash. But a blanket ban on capital punishment is downright silly.

[Battlion]

“With regards to the ‘regretting’ clause, what exactly are the ambiguities that the Division has in its mission? I cannot see anything beyond quite precise and specialist vocabulary with a clear goal.”

Incidentally, if you're here to post about how this repeal is a waste of time and that the "voters have spoken" and so on, I'd ask you to please refrain from doing so, as you're not going to change my mind.

The original version of this repeal passed. The second attempt failed because of a margin of 1 in the forum vote in TNP.

PtEoI is an objectively terrible resolution for supporters and opponents of capital punishment alike, as evidenced by the fact that nations as ideologically disparate as Tinfect, Sierra Lyricalia, and Auralia are all actively trying to get rid of it. It will be repealed eventually.

(OOC: I don’t see what isn’t true about the fact that this has once failed at vote, and once passed but ultimately discarded due to a rules violation; that seems like a quite clear cut instances of people wanting the target to stay.)

OOC: I don’t get this easier, it didn’t become law. End of story, it just seems like you won’t give up flogging a dead horse. I also find it quite difficult to be told “if you don’t agree, don’t post” because these are the people you need to convince to support you if you want this to pass.

Saying that it passed the first time, even though in reality nothing happened because it should NEVER have come up to vote to begin with because of the Honest mistake it’s null and void and just seems to be butthurt.