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[Draft] Restriction of Unjust Execution

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Tinfect
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Founded: Jul 04, 2014
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[Draft] Restriction of Unjust Execution

Postby Tinfect » Wed Jan 13, 2021 9:20 am

Restriction of Unjust Execution
Category: Civil Rights || Strength: Strong
Image
Origin: Imperium of Tinfect,
Author: Raslin Seretis

Imperial Division of Foreign Policy and Diplomatic Action
Counsel: Tolarn Feren

Counsel: Jasot Rehlan


The World Assembly,

Annoyed by the continued insistence on passing legislation that will merely facilitate legal abuses,

Convinced that there exist cases wherein the harshest punishments available to Member-States are not merely justified, but a moral imperative,

Recognizing that in such cases, there will all but certainly exist such an incredible excess of evidence that wrongful conviction is effectively impossible,

And seeking to immediately prevent any further abuses of criminal justice systems,

Hereby:

Reserves to member states the right to carry out capital punishment for genocide or war crimes, as defined by the World Assembly,

Mandates:
  1. That Member-States provide to prisoners sentenced to capital punishment accessible legal counsel and support, including access to appeals and stays of execution,
  2. The use of the highest reasonable standards of evidence when considering the use of capital punishment,
  3. That all executions be held at a reasonable date past sentencing, following any processing time for applicable legal requests, inquiries, and appeals,
Prohibits:
  1. Any Member-State from sentencing or carrying out capital punishment for any other crime,
  2. The sentencing of any individual under the age of majority, or any individual deemed legally incompetent, to capital punishment,
  3. The practice of summary or otherwise extrajudicial executions,
Last edited by Tinfect on Sat Jan 30, 2021 12:33 am, edited 12 times in total.
Raslin Seretis, Imperial Diplomatic Envoy, Male
Tolarn Feren, Civil Oversight Representative, Male
Jasot Rehlan, Military Oversight Representative, Female


Bisexual, Transgender (She/Her), Native-American, and Actual CommunistTM.

Imperium Central News Network: Preliminary trials of Military Doctrinal Reform prototypes to begin; IRPC 5-115, 5-298, 5-076 public details, Project Lead interviews released | Aeravahn occupation expands to 17% of the Exterior Territories, Internal Security orders full-stop to Civilian expeditions to Exterior | TCO - Vigilant Star declared missing following exit of Iraet orbital region | Indomitable Bastard #283
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Greater Cesnica
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Postby Greater Cesnica » Wed Jan 13, 2021 10:43 am

Opposed as this resolution is literally the exact same blocker to banning capital punishment that I am repealing.

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Tinfect
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Inoffensive Centrist Democracy

Postby Tinfect » Wed Jan 13, 2021 10:49 am

Greater Cesnica wrote:Opposed as this resolution is literally the exact same blocker to banning capital punishment that I am repealing.


OOC:
Yes, that's the idea.
Raslin Seretis, Imperial Diplomatic Envoy, Male
Tolarn Feren, Civil Oversight Representative, Male
Jasot Rehlan, Military Oversight Representative, Female


Bisexual, Transgender (She/Her), Native-American, and Actual CommunistTM.

Imperium Central News Network: Preliminary trials of Military Doctrinal Reform prototypes to begin; IRPC 5-115, 5-298, 5-076 public details, Project Lead interviews released | Aeravahn occupation expands to 17% of the Exterior Territories, Internal Security orders full-stop to Civilian expeditions to Exterior | TCO - Vigilant Star declared missing following exit of Iraet orbital region | Indomitable Bastard #283
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Greater Cesnica
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Postby Greater Cesnica » Wed Jan 13, 2021 10:53 am

Tinfect wrote:
Greater Cesnica wrote:Opposed as this resolution is literally the exact same blocker to banning capital punishment that I am repealing.


OOC:
Yes, that's the idea.

OOC: Hey, I respect your commitment.

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Separatist Peoples
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Postby Separatist Peoples » Wed Jan 13, 2021 11:53 am

Greater Cesnica wrote:Opposed as this resolution is literally the exact same blocker to banning capital punishment that I am repealing.

"This outlines our belief. Nonetheless, we wish the Imperium the very best of luck."

His Worshipfulness Lord GA Secretariat, Authority on All Existence, Arbiter of Right, Toxic Globalist Dog, Dark Psychic Vampire, and Chief Populist Elitist!
Separatist Peoples should RESIGN!

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Tinfect
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Postby Tinfect » Tue Jan 19, 2021 1:22 pm

OOC:
This has been submitted as-is, because, again, god forbid any so much as look the damn thing over to check for obvious flaws.
Raslin Seretis, Imperial Diplomatic Envoy, Male
Tolarn Feren, Civil Oversight Representative, Male
Jasot Rehlan, Military Oversight Representative, Female


Bisexual, Transgender (She/Her), Native-American, and Actual CommunistTM.

Imperium Central News Network: Preliminary trials of Military Doctrinal Reform prototypes to begin; IRPC 5-115, 5-298, 5-076 public details, Project Lead interviews released | Aeravahn occupation expands to 17% of the Exterior Territories, Internal Security orders full-stop to Civilian expeditions to Exterior | TCO - Vigilant Star declared missing following exit of Iraet orbital region | Indomitable Bastard #283
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Greater Cesnica
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Postby Greater Cesnica » Tue Jan 19, 2021 1:45 pm

In the interest of transparency, here is a counter-campaign I have sent concerning this flawed proposal:

Image


The above telegram was sent by me in response to this telegram authored by Tinfect:

Image

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Junitaki-cho
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Postby Junitaki-cho » Tue Jan 19, 2021 1:55 pm

Tinfect wrote:OOC:
This has been submitted as-is, because, again, god forbid any so much as look the damn thing over to check for obvious flaws.

We did this last week. You might have seen it in the General Assembly.
Refugia Councillor of World Assembly Affairs

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Tinfect
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Postby Tinfect » Tue Jan 19, 2021 1:56 pm

Junitaki-cho wrote:We did this last week. You might have seen it in the General Assembly.


OOC:
No, you have it confused for a dishonest repeal effort, this is legislation, not a repeal.
Raslin Seretis, Imperial Diplomatic Envoy, Male
Tolarn Feren, Civil Oversight Representative, Male
Jasot Rehlan, Military Oversight Representative, Female


Bisexual, Transgender (She/Her), Native-American, and Actual CommunistTM.

Imperium Central News Network: Preliminary trials of Military Doctrinal Reform prototypes to begin; IRPC 5-115, 5-298, 5-076 public details, Project Lead interviews released | Aeravahn occupation expands to 17% of the Exterior Territories, Internal Security orders full-stop to Civilian expeditions to Exterior | TCO - Vigilant Star declared missing following exit of Iraet orbital region | Indomitable Bastard #283
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Greater Cesnica
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Postby Greater Cesnica » Tue Jan 19, 2021 1:58 pm

Tinfect wrote:
Junitaki-cho wrote:We did this last week. You might have seen it in the General Assembly.


OOC:
No, you have it confused for a dishonest repeal effort, this is legislation, not a repeal.

Peter, Tinhampton, and I were quite up front actually. We repealed your legislation because it was written specifically to prevent a ban on the death penalty. We made that clear both in and outside of our repeal.

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Astrobolt
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Postby Astrobolt » Tue Jan 19, 2021 1:59 pm

Tinfect wrote:
OOC:
No, you have it confused for a dishonest repeal effort, this is legislation, not a repeal.


OOC: How was the repeal dishonest? A spiritual successor to ICP (without the death penalty blocker) was just submitted.
He/Him
Ambassador to the WA: Mr. Reede Tappe
In the WA IC, despite not being in it OOC.


Note: All views expressed are solely my own, and don't represent any region, organization or group unless stated otherwise.

For a detailed list of positions, and other things of note, read the dispatch below. https://www.nationstates.net/page=dispatch/id=1428456

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Bananaistan
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Postby Bananaistan » Tue Jan 19, 2021 2:08 pm

"We are opposed on account of the death penalty provision."
Delegation of the People's Republic of Bananaistan to the World Assembly
Head of delegation and the Permanent Representative: Comrade Ambassador Theodorus "Ted" Hornwood
General Assistant and Head of Security: Comrade Watchman Brian of Tarth
There was the Pope and John F. Kennedy and Jack Charlton and the three of them were staring me in the face.
Ideological Bulwark #281

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Greater Cesnica
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Postby Greater Cesnica » Tue Jan 19, 2021 2:16 pm

Definition #4 is quite peculiar:
"Forced Prisoner Labor as: any and all mandatory, coerced, or incentivized labor performed by prisoners,"

Bolding is mine. Correct me if I'm wrong, but doesn't 'incentivized labor' cover voluntary, paid work performed by prisoners? Since payment is, after all, an incentive. Let's strip away the 'performed by prisoners' part. Coerced and mandatory labor is bad, yeah. But incentivized labor. Incentivized labor is working at a construction site for money. Incentivized labor is lifting crates at a warehouse for money. You see where I'm going with this? Is all that work forced now? Should we criminalize those things too?
Last edited by Greater Cesnica on Tue Jan 19, 2021 2:22 pm, edited 1 time in total.

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Tinfect
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Postby Tinfect » Tue Jan 19, 2021 2:20 pm

Greater Cesnica wrote:Bolding is mine. Correct me if I'm wrong, but doesn't 'incentivized labor' cover voluntary, paid work performed by prisoners? Since payment is, after all, an incentive.


"The section is intended to prevent Member-States from 'offering' labor to prisoners in exchange for reduced sentences; if there were concerns that the clause is perhaps overreaching, they should have been raised previously."
Raslin Seretis, Imperial Diplomatic Envoy, Male
Tolarn Feren, Civil Oversight Representative, Male
Jasot Rehlan, Military Oversight Representative, Female


Bisexual, Transgender (She/Her), Native-American, and Actual CommunistTM.

Imperium Central News Network: Preliminary trials of Military Doctrinal Reform prototypes to begin; IRPC 5-115, 5-298, 5-076 public details, Project Lead interviews released | Aeravahn occupation expands to 17% of the Exterior Territories, Internal Security orders full-stop to Civilian expeditions to Exterior | TCO - Vigilant Star declared missing following exit of Iraet orbital region | Indomitable Bastard #283
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Pope Saint Peter the Apostle
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Postby Pope Saint Peter the Apostle » Tue Jan 19, 2021 2:22 pm

"Strongly oppose. We would rather the WA is not burdened with the same question it decisively answered over the last three days."

OOC: I concur with GC that the definition of 'forced labour' seems rather odd. And rusing a proposal in 6 days and then complaining that people didn't raise all concerns in that time frame is bad form.
Keep alert, stand firm in your faith, be courageous, be strong. 1 Cor. 16:13 (NRSVCE)
Deputy Minister of World Assembly Affairs, The North Pacific
Author of GAR 513

Pro: Catholicism, Consistent ethic of life, Second Amendment, Welfare, Zionism.
Anti: Fascism, Sedevacantism, Socialism, Trump, Utilitarianism.
WA member. IC comments made by patron saints, representing the Holy See.

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Greater Cesnica
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Postby Greater Cesnica » Tue Jan 19, 2021 2:25 pm

Tinfect wrote:
Greater Cesnica wrote:Bolding is mine. Correct me if I'm wrong, but doesn't 'incentivized labor' cover voluntary, paid work performed by prisoners? Since payment is, after all, an incentive.


"The section is intended to prevent Member-States from 'offering' labor to prisoners in exchange for reduced sentences; if there were concerns that the clause is perhaps overreaching, they should have been raised previously."

OOC:
>Be Tinfect
>Rush proposal to submission
>Proposal has flaw
>surprisedpikachu.jpg

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Tinfect
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Founded: Jul 04, 2014
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Postby Tinfect » Tue Jan 19, 2021 2:34 pm

Pope Saint Peter the Apostle wrote:OOC: I concur with GC that the definition of 'forced labour' seems rather odd. And rusing a proposal in 6 days and then complaining that people didn't raise all concerns in that time frame is bad form.


OOC:
The proposal was not rushed. It had been drafted for quite an extended period prior, and retains much of the text of the original. To my admittedly poor memory, this thread was posted before the repeal even made it to vote; about as early as I could have possibly posted. This attack is dishonest and absurd.

Greater Cesnica wrote:OOC:
>Be Tinfect
>Rush proposal to submission
>Proposal has flaw
>surprisedpikachu.jpg


And this is just childish.
Raslin Seretis, Imperial Diplomatic Envoy, Male
Tolarn Feren, Civil Oversight Representative, Male
Jasot Rehlan, Military Oversight Representative, Female


Bisexual, Transgender (She/Her), Native-American, and Actual CommunistTM.

Imperium Central News Network: Preliminary trials of Military Doctrinal Reform prototypes to begin; IRPC 5-115, 5-298, 5-076 public details, Project Lead interviews released | Aeravahn occupation expands to 17% of the Exterior Territories, Internal Security orders full-stop to Civilian expeditions to Exterior | TCO - Vigilant Star declared missing following exit of Iraet orbital region | Indomitable Bastard #283
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Greater Cesnica
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Founded: Mar 30, 2017
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Postby Greater Cesnica » Tue Jan 19, 2021 2:35 pm

Tinfect wrote:
Pope Saint Peter the Apostle wrote:OOC: I concur with GC that the definition of 'forced labour' seems rather odd. And rusing a proposal in 6 days and then complaining that people didn't raise all concerns in that time frame is bad form.


OOC:
The proposal was not rushed. It had been drafted for quite an extended period prior, and retains much of the text of the original. To my admittedly poor memory, this thread was posted before the repeal even made it to vote; about as early as I could have possibly posted. This attack is dishonest and absurd.

Greater Cesnica wrote:OOC:
>Be Tinfect
>Rush proposal to submission
>Proposal has flaw
>surprisedpikachu.jpg


And this is just childish.

OOC: I'm taking a humorous approach to this.

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Tinfect
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Founded: Jul 04, 2014
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Postby Tinfect » Tue Jan 19, 2021 2:36 pm

Greater Cesnica wrote:OOC: I'm taking a humorous approach to this.


OOC:
I'm sure.
Raslin Seretis, Imperial Diplomatic Envoy, Male
Tolarn Feren, Civil Oversight Representative, Male
Jasot Rehlan, Military Oversight Representative, Female


Bisexual, Transgender (She/Her), Native-American, and Actual CommunistTM.

Imperium Central News Network: Preliminary trials of Military Doctrinal Reform prototypes to begin; IRPC 5-115, 5-298, 5-076 public details, Project Lead interviews released | Aeravahn occupation expands to 17% of the Exterior Territories, Internal Security orders full-stop to Civilian expeditions to Exterior | TCO - Vigilant Star declared missing following exit of Iraet orbital region | Indomitable Bastard #283
||||||||||||||||||||||||||||||||||||||||

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Pope Saint Peter the Apostle
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Founded: May 19, 2020
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Postby Pope Saint Peter the Apostle » Tue Jan 19, 2021 2:42 pm

Tinfect wrote:
Pope Saint Peter the Apostle wrote:OOC: I concur with GC that the definition of 'forced labour' seems rather odd. And rusing a proposal in 6 days and then complaining that people didn't raise all concerns in that time frame is bad form.


OOC:
The proposal was not rushed. It had been drafted for quite an extended period prior, and retains much of the text of the original. To my admittedly poor memory, this thread was posted before the repeal even made it to vote; about as early as I could have possibly posted. This attack is dishonest and absurd,

OOC: You could've waited with submitting...
Keep alert, stand firm in your faith, be courageous, be strong. 1 Cor. 16:13 (NRSVCE)
Deputy Minister of World Assembly Affairs, The North Pacific
Author of GAR 513

Pro: Catholicism, Consistent ethic of life, Second Amendment, Welfare, Zionism.
Anti: Fascism, Sedevacantism, Socialism, Trump, Utilitarianism.
WA member. IC comments made by patron saints, representing the Holy See.

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Refuge Isle
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Founded: Dec 14, 2018
Civil Rights Lovefest

Postby Refuge Isle » Tue Jan 19, 2021 2:43 pm

Tinfect wrote:
Junitaki-cho wrote:We did this last week. You might have seen it in the General Assembly.


OOC:
No, you have it confused for a dishonest repeal effort, this is legislation, not a repeal.

If the repeal was inaccurate or it misrepresented the contents of its target, you should have lodged a legality challenge with your argument.

Having a resolution repealed on ideological grounds of what is good and right is not a dishonest effort. It is simply inconvenient to your politics.

I will be voting against this proposal, as before.
Last edited by Refuge Isle on Tue Jan 19, 2021 2:44 pm, edited 1 time in total.

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Tinfect
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Founded: Jul 04, 2014
Inoffensive Centrist Democracy

Postby Tinfect » Tue Jan 19, 2021 2:44 pm

Pope Saint Peter the Apostle wrote:OOC: You could've waited with submitting...


OOC:
That was dependent on IA not submitting his before I even woke up. I do like to have a vague chance of getting to vote, it generally helps.
Raslin Seretis, Imperial Diplomatic Envoy, Male
Tolarn Feren, Civil Oversight Representative, Male
Jasot Rehlan, Military Oversight Representative, Female


Bisexual, Transgender (She/Her), Native-American, and Actual CommunistTM.

Imperium Central News Network: Preliminary trials of Military Doctrinal Reform prototypes to begin; IRPC 5-115, 5-298, 5-076 public details, Project Lead interviews released | Aeravahn occupation expands to 17% of the Exterior Territories, Internal Security orders full-stop to Civilian expeditions to Exterior | TCO - Vigilant Star declared missing following exit of Iraet orbital region | Indomitable Bastard #283
||||||||||||||||||||||||||||||||||||||||

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Greater Cesnica
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Founded: Mar 30, 2017
Anarchy

Postby Greater Cesnica » Tue Jan 19, 2021 8:04 pm

Tinfect wrote:
Pope Saint Peter the Apostle wrote:OOC: You could've waited with submitting...


OOC:
That was dependent on IA not submitting his before I even woke up. I do like to have a vague chance of getting to vote, it generally helps.

OOC: What's the point if it fails upon reaching the floor? Just refine it.

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Tinfect
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Founded: Jul 04, 2014
Inoffensive Centrist Democracy

Postby Tinfect » Tue Jan 19, 2021 8:27 pm

Greater Cesnica wrote:OOC: What's the point if it fails upon reaching the floor? Just refine it.


OOC:
I am reasonably confident that it won't, as this isn't really a substantial flaw, or, one at all. It's unintended surely, but not a flaw.
Do forgive me, but I am certain that the success of either of our drafts is entirely dependent on which gets to vote first, moreso than the merits of any one position.
Raslin Seretis, Imperial Diplomatic Envoy, Male
Tolarn Feren, Civil Oversight Representative, Male
Jasot Rehlan, Military Oversight Representative, Female


Bisexual, Transgender (She/Her), Native-American, and Actual CommunistTM.

Imperium Central News Network: Preliminary trials of Military Doctrinal Reform prototypes to begin; IRPC 5-115, 5-298, 5-076 public details, Project Lead interviews released | Aeravahn occupation expands to 17% of the Exterior Territories, Internal Security orders full-stop to Civilian expeditions to Exterior | TCO - Vigilant Star declared missing following exit of Iraet orbital region | Indomitable Bastard #283
||||||||||||||||||||||||||||||||||||||||

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Greater Cesnica
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Founded: Mar 30, 2017
Anarchy

Postby Greater Cesnica » Tue Jan 19, 2021 8:28 pm

Tinfect wrote:
Greater Cesnica wrote:OOC: What's the point if it fails upon reaching the floor? Just refine it.


OOC:
I am reasonably confident that it won't, as this isn't really a substantial flaw, or, one at all. It's unintended surely, but not a flaw.
Do forgive me, but I am certain that the success of either of our drafts is entirely dependent on which gets to vote first, moreso than the merits of any one position.

OOC: People will also come at it from the ideological perspective. So those who support capital punishment will favor yours, whereas those who don't will favor mine.

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