[HELD] Repeal "Death Penalty Ban" (by Big Boyz)

[Imperium Anglorum]

General Assembly Proposal
ID: big_boyz_1615924103

Repeal: “Death Penalty Ban”
A resolution to repeal previously passed legislation.

Category: Repeal
Resolution: GA#535
Proposed by: Big Boyz

General Assembly Resolution #535 “Death Penalty Ban” (Category: Civil Rights; Strength: Significant) shall be struck out and rendered null and void.

Noting that there is strong support for the Death Penalty in many WA member nations,

Further noting that it is the will of the World Assembly to promote the free democratic expression of ideas and ensure that the government responds to the will of the people,

Believing that forcing member nations to forsake the death penalty creates a contradiction with the democratic ideals of the World Assembly, whereby member nations are forced to ignore the will of their people,

Noting that the desire of the original proposal is to “spend money currently dedicated to the substantial administrative and legal costs of pursuing death penalties on enforcement or rehabilitation programmes”, but that the original proposal does not clarify what these programs are, how to implement them, or how to assess their effectiveness,

Believing that this ambiguity is detrimental to the functionality of the criminal justice system, especially in poor nations where the introduction of ineffective programs can severely drain the financial resources of the Justice Department,

Noting that the proposal believes the “[Application of the death penalty] targets the mentally ill, socio-economically disadvantaged, and members of racial and cultural minorities”,

Noting that most nations with the death penalty enforce stringint laws to prevent the execution of the mentally ill,

Believing that the issue of using the death penalty to target racial and cultural minorities and the socio-economically disadvantaged is part of a larger systemic issue of disparity in the justice departments of individual nations, and that the abolition of the death penalty does not directly mitigate this effect,

Noting that the original proposal wishes to prevent “death penalties [from being] issued against people who are actually innocent of the crimes for which they are to be punished”

Noting that the criminals who have been sentenced to death were convicted in a fair trial by a jury of their peers,

Further noting that substantial opportunity for appeal and stay of execution exists in nations with the death penalty,

Believing that this sufficiently mitigates the risk of false execution through ample opportunity to introduce reasonable doubt,

Hereby repeals General Assembly Resolution 535 “Death Penalty Ban”.

[Imperium Anglorum]

The following campaign was also dispatched.

Greetings Delegates of the World Assembly!

I am emailing you today to encourage your support for the current GA proposal: "Repeal Death Penalty Ban".

Although the original ban clearly means well, there remains several flaws in its reasoning. The original proposal was written on the belief that the "[Application of the death penalty] targets the mentally ill, socio-economically disadvantaged, and members of racial and cultural minorities". This ignores the fact that most nations with the Death Penalty have stringent laws preventing the execution of the mentally ill, and that the issue of using the death penalty to target racial and cultural minorities and the socio-economically disadvantaged is part of a larger systemic issue of disparity in the justice departments of individual nations. The removal of the Death Penalty does not address the big picture issue of disparity, and in fact may worsen the issue by drawing attention away from the issues of unequal treatment and enforcement.

Additionally, there remains popular support for the Death Penalty in many WA member nations. One of the founding ideals of the World Assembly is to spread the free democratic expression of ideas and ensure that the government responds to the will of the people. Although it may be distasteful for some, the inclusion of Death Penalty ban is an expression of democracy for some nations. Not only is forcing member nations to abandon the Death Penalty inherently undemocratic, but it is also contradictory the principles of the World Assembly.

For these reasons, and many more, I hope that you will support the proposal: "Repeal Death Penalty Ban".

Thank You,

Big Boyz

Link to the target resolution. https://www.nationstates.net/page=WA_pa ... /council=1

[Drew Durrnil]

Support.
Edit: Slight oppose.

[Scalizagasti]

Believing that forcing member nations to forsake the death penalty creates a contradiction with the democratic ideals of the World Assembly, whereby member nations are forced to ignore the will of their people,

"How is this the case? Did the WA not democratically decide to abolish the death penalty?"

Noting that the desire of the original proposal is to “spend money currently dedicated to the substantial administrative and legal costs of pursuing death penalties on enforcement or rehabilitation programmes”, but that the original proposal does not clarify what these programs are, how to implement them, or how to assess their effectiveness,

"The resolution was focused on prohibiting the use of the death penalty. It was not a general legal reform."

Believing that this ambiguity is detrimental to the functionality of the criminal justice system, especially in poor nations where the introduction of ineffective programs can severely drain the financial resources of the Justice Department,

"Poor nations with 'ineffective' criminal justice systems is not a convincing argument. If such countries were allowed to execute convicts with a poorly-run legal system then I would say that is a bad thing. Also, what is meant by 'introduced' in this quote? Surely countries which use the death penalty as a punishment already have a legal system, effective or not, which makes this whole point moot."

Noting that the proposal believes the “[Application of the death penalty] targets the mentally ill, socio-economically disadvantaged, and members of racial and cultural minorities”,

Noting that most nations with the death penalty enforce stringint laws to prevent the execution of the mentally ill,

Believing that the issue of using the death penalty to target racial and cultural minorities and the socio-economically disadvantaged is part of a larger systemic issue of disparity in the justice departments of individual nations, and that the abolition of the death penalty does not directly mitigate this effect,

"If you acknowledge the problem exists and that innocents are being unfairly targeted, why is your response to dismantle the few existing protections to make sure they can be killed as well?"

Noting that the criminals who have been sentenced to death were convicted in a fair trial by a jury of their peers,

"Citation needed."

Further noting that substantial opportunity for appeal and stay of execution exists in nations with the death penalty,

"Even in military dictatorships? Either way that does not prevent innocents from being killed; if a flawed and prejudiced legal system gave an innocent the death penalty, it is likely that their appeals would be unsuccessful."

Believing that this sufficiently mitigates the risk of false execution through ample opportunity to introduce reasonable doubt,

"Believing does not make it so."

"Overall: strongly opposed. This repeal is unconvincing, but even if it were, I am fundamentally opposed to re-legalizing the death penalty."

[Gatchina]

We fully support this repeal. It has our approval.

[Outer Sparta]

The submitted repeal doesn't make a good enough argument. Opposed.

[Jedinsto]

The submitted repeal doesn't make a good enough argument. Opposed.

^^^ this. Also, it should have been drafted.

[Greater Cesnica]

"What utter drivel. Vehemently opposed."

[Kandorith]

Ministry of Foreign Affairs Unify The Eight corners of The World Official communique from the Ministry of Foreign Affairs of the Empire of Kandorith. On the resolution: Repeal Death Penalty Ban In instance we do not support the formulation of this resolution. It has a lot of room for improvement, yet our stance remains unchanged. The Empire is for this repeal as the death penalty is a corner stone in our criminal law for the heaviest of crimes. We believe a criminal who's interest is destabilizing, terrorizing and destroying our way of life is in no way fit for rehabilitation or normal persecution. With the memory fresh of terrorist attacks in our nation, the only answer is to try them to the death penalty. The Empire of Kanyori considers the death penalty the ultimate punishment for crimes where there is no redemption of the criminal and immeasurable grief and suffering for the victims. Where no reparation can be offered: the death of the criminal is the reparation, so that this may not happen again. In The Name of Her Majesty The Empress, Empress Masumi: Her Excellency, Ambassador Noriko Miyamoto.

[Maowi]

OOC: This was pointed out to me by somebody in Europeia's internal WAA discussion, but is this clause -

Noting that the criminals who have been sentenced to death were convicted in a fair trial by a jury of their peers,

- an honest mistake? Particularly the reference to "a jury of their peers." GA#37 "Fairness in Criminal Trials" doesn't actually mandate the use of juries in trials - it only "COMMENDS to the consideration of member nations a jury of the accused's peers as such trial adjudicators."

[Outer Sparta]

OOC: This was pointed out to me by somebody in Europeia's internal WAA discussion, but is this clause -

Noting that the criminals who have been sentenced to death were convicted in a fair trial by a jury of their peers,

- an honest mistake? Particularly the reference to "a jury of their peers." GA#37 "Fairness in Criminal Trials" doesn't actually mandate the use of juries in trials - it only "COMMENDS to the consideration of member nations a jury of the accused's peers as such trial adjudicators."

Flag that in the illegal proposals thread for further clarification.

[Outer Sparta]

I also have a feeling people will jump on this bandwagon on the basis of "give us the right to use the death penalty back" without noting it's not a well-written repeal.

[Greater Cesnica]

OOC: This was pointed out to me by somebody in Europeia's internal WAA discussion, but is this clause -



- an honest mistake? Particularly the reference to "a jury of their peers." GA#37 "Fairness in Criminal Trials" doesn't actually mandate the use of juries in trials - it only "COMMENDS to the consideration of member nations a jury of the accused's peers as such trial adjudicators."

Flag that in the illegal proposals thread for further clarification.

"I have done just that, Ambassador."

[Greater Cesnica]

"The proposal has been held as illegal."

[Outer Sparta]

Flag that in the illegal proposals thread for further clarification.

"I have done just that, Ambassador."

Ambassador Tavoularoglou: To the ambassadors of Greater Cesnica and Maowi, good catch.

[Stevanastardustia]

Strongly Opposed!

The republic of Stevanastardustia does not believe any just nation can support the death penalty. Thus no death sentence can be carried out in just manor. To allow the death penalty is in no uncertain terms an act of barbarism and we will not support any resolution in favor of it or any nation which supports it.

[Outer Sparta]

To the OP: change the title of the thread from [SUBMITTED] to [MARKED ILLEGAL].