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Help to Repeal GA #534 "Fair Treatment of Prisoners"

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Paleocacher
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Help to Repeal GA #534 "Fair Treatment of Prisoners"

Postby Paleocacher » Thu Jan 28, 2021 12:23 pm

Hello NationStates World Assembly members and delegates as well as casual forum visitors.

I was pleased by the creation of this resolution https://www.nationstates.net/page=WA_past_resolution/id=534/council=1 for its efforts to protect the rights of incarcerated persons and prevent abuse of power in correctional institutions. However, I was opposed to passing it just yet because it is flawed. It is both too strict and too lax in some areas.

The three main ways I think it is flawed are thus:
1. It allows for the solitary confinement of minors which should be banned completely except for in extreme circumstances given the negative psychological effects.
2. It places too strict restrictions on placing certain criminals in protective or solitary confinement. For example, if the prison population poses a risk to the prisoner, in the case of a prisoner who is a former police officer for instance but they do not consent to protective confinement, they should be confined anyway for their own safety. Or in the case of high ranking members or leaders of criminal organizations. Member nations may wish to place them in protective confinement, restricting their visitors and contact with other inmates in order to prevent them from attempting to run their criminal enterprises from within prison.
3. Additionally, mandating that persons in the justice system cannot be coerced or forced to perform labor or services precludes the usage of community or public service as a rehabilitative or correctional measure in the justice system which is a positive way of diverting offenders from going to prison.

I am already considering writing a repeal based on these three issues, but I decided to open this thread to hear if anyone has any other issues with this resolution or if anyone wants to help write a draft repeal proposal. Thank you in advance for posting.
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Greater Cesnica
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Postby Greater Cesnica » Thu Jan 28, 2021 12:46 pm

1. It allows for the solitary confinement of minors which should be banned completely except for in extreme circumstances given the negative psychological effects.

How so?
2. It places too strict restrictions on placing certain criminals in protective or solitary confinement. For example, if the prison population poses a risk to the prisoner, in the case of a prisoner who is a former police officer for instance but they do not consent to protective confinement, they should be confined anyway for their own safety.

No, they shouldn't.
Or in the case of high ranking members or leaders of criminal organizations. Member nations may wish to place them in protective confinement, restricting their visitors and contact with other inmates in order to prevent them from attempting to run their criminal enterprises from within prison.

That's not protective confinement, that's solitary confinement. That's prohibited for a reason. Solitary confinement is inhumane.
3. Additionally, mandating that persons in the justice system cannot be coerced or forced to perform labor or services precludes the usage of community or public service as a rehabilitative or correctional measure in the justice system which is a positive way of diverting offenders from going to prison.

Forced labor is still forced labor. If a prisoner wants to perform work voluntarily to mitigate prison sentences, to earn money, to just contribute to the community in general, then they most certainly can have that opportunity. However, prisoners should not be coerced into performing labor or services under any circumstances.
Last edited by Greater Cesnica on Thu Jan 28, 2021 12:49 pm, edited 1 time in total.


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