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[DRAFT] Repeal GA#37 (Fairness in Criminal Trials)

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Bananaistan
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Founded: Apr 20, 2012
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Postby Bananaistan » Sun May 10, 2020 11:10 am

OOC: How is the stuff regarding " governmental or charitable mechanisms" not an HM?

Two sections above the "governmental or charitable mechanisms" is a clause which states "INSISTS that the accused be permitted expert representation by a professional versed in the area of law concerned". If there's no charitable mechanism and the government doesn't step in, then there can be no trial and there's no problem: no trial and no compromised right to counsel.

Edit: Also, the singular other argument is poor. What exactly is the problem with military trials that the target blocks?
Last edited by Bananaistan on Sun May 10, 2020 11:12 am, edited 1 time in total.
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Conservative Republic Of Huang
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Postby Conservative Republic Of Huang » Sun May 10, 2020 11:57 am

Bananaistan wrote:OOC: How is the stuff regarding " governmental or charitable mechanisms" not an HM?

Two sections above the "governmental or charitable mechanisms" is a clause which states "INSISTS that the accused be permitted expert representation by a professional versed in the area of law concerned". If there's no charitable mechanism and the government doesn't step in, then there can be no trial and there's no problem: no trial and no compromised right to counsel.

Edit: Also, the singular other argument is poor. What exactly is the problem with military trials that the target blocks?


OOC: I interpreted the line from GA #37 narrowly, as simply precluding the government from preventing the defendant to retain counsel.

The system of military justice that at least one nation uses is a three-tiered system, of which the lowest level, summary court martial, does not obligate the government to provide counsel.
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