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[PASSED] Repeal: "Rights of Crime Victims"

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Morover
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Posts: 1557
Founded: Oct 14, 2018
Ex-Nation

[PASSED] Repeal: "Rights of Crime Victims"

Postby Morover » Sun Jul 18, 2021 8:09 pm

General Assembly Resolution #247 “Rights of Crime Victims” (Category: Human Rights; Strength: Significant) shall be struck out and rendered null and void.

The World Assembly,

Believing in the intent behind Resolution 247, “Rights of Crime Victims”, in protecting the victims of crimes from the accused perpetrators, and in securing various rights that victims necessarily should have,

Concerned that several flaws present in Resolution 247 may render it doing a net harm to society and government in member-nations, notably:
  1. Ambiguities in clause one that lead to a not-unreasonable interpretation that crime victims must be updated on critical stages of prosecution, regardless of their actual desire to know of the ongoings, which may lead to further trauma or harm to their psyche,
  2. The failure of the definition of “the accused”, resulting in all clauses regarding the accused to apply to acquitted individuals, due to the phrasing of the clause possibly meaning “any person who has been charged in the past with a crime”,
  3. The failure of the resolution to connect “the accused” with the “crime victim” explicitly, possibly allowing any person considered a crime victim to be afforded all the rights in the resolution against any person considered to be the accused, even if the cases are wholly unrelated,
  4. Not inherently allowing the immediate family of a crime victim to be afforded the rights as listed under Resolution 247 if death or incapacitation falls upon the crime victim, but is unrelated to the crime in question, which may lead to awkward, unfortunate, or otherwise harmful situations to the families of incapacitated crime victims,

Certain that while a resolution can be written in order to further protections of victims, Resolution 247 fails to uphold a standard ensuring a fair trial to all, as well as having notable ambiguities that make the proposal ineffective in tempering malicious or otherwise incompetent nations,

Hopeful that most reasonable member-nations will impose rights similar to those intended to be applied by the target, and unfortunately knowing that due to subpar writing, unreasonable or malevolent nations can find holes to bypass the intent of the resolution and further their own agenda regardless of this legislation on the topic,

Hereby repeals Resolution 247, “Rights of Crime Victims”.


There've been a few attempts on this in the past, but they appear to be dead or otherwise lack intention to move forward with this. I may support a replacement resolution similar to the target, but don't find it necessary (or even preferable, if it attempts to perfectly emulate the target).

Some of my points may be a bit dubious, but I do think they should hold up. Let me know what y'all think.

(I have a few more repeals on a list I made before my hiatus, but they're starting to wind down.)
Last edited by Luna Amore on Wed Dec 22, 2021 10:46 am, edited 8 times in total.
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Bananaistan
Senator
 
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Founded: Apr 20, 2012
Civil Rights Lovefest

Postby Bananaistan » Mon Jul 19, 2021 4:44 am

OOC: It used to be customary to provide a link to the target in an OP of a repeal.
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Morover
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Founded: Oct 14, 2018
Ex-Nation

Postby Morover » Mon Jul 19, 2021 6:39 am

Bananaistan wrote:OOC: It used to be customary to provide a link to the target in an OP of a repeal.

I forgot to do so; it is now fixed
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Bananaistan
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Founded: Apr 20, 2012
Civil Rights Lovefest

Postby Bananaistan » Mon Jul 19, 2021 7:13 am

Morover wrote:
Bananaistan wrote:OOC: It used to be customary to provide a link to the target in an OP of a repeal.

I forgot to do so; it is now fixed


"Support."
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
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Imperium Anglorum
GA Secretariat
 
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Founded: Aug 26, 2013
Left-Leaning College State

Postby Imperium Anglorum » Mon Jul 19, 2021 11:18 am

E Mortimer Wellesley. We support repeal.

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Morover
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Founded: Oct 14, 2018
Ex-Nation

Postby Morover » Mon Jul 19, 2021 1:46 pm

Darin Perise, President of the Morovian Department on the World Assembly and supervisor of the authorship team for this proposal.

"We appreciate the support of both the Anglican and Bananamen delegations, and look forward to hearing comments from the rest of the Assembly."
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Sincluda
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Founded: Feb 05, 2021
Left-wing Utopia

Postby Sincluda » Mon Jul 19, 2021 9:28 pm

Sincludan Prime Ambassador Harrison Raiken: "Is there a replacement draft, or plans to create one? We support this repeal with a proper replacement."

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Morover
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Founded: Oct 14, 2018
Ex-Nation

Postby Morover » Mon Jul 19, 2021 9:35 pm

Darin Perise.

"Our delegation does not think direct replacement is necessary or urgent for this repeal. We find it essential to repeal as soon as possible, due to the harm it causes and the fact that any good caused can almost certainly be bypassed by nations willing to do so. The primary issue with replacement is that much of the premise of Resolution 247 is based in principles that don't directly need World Assembly legislation in order to accomplish. Should a member of my delegation feel so inclined as to write a proposal that covers specific subjects of this soon-to-be-repealed target, I will not stop them. I cannot in good faith, though, go forth with this repeal with the express intention in mind of replacement. We invite you to write your own replacement if you find it necessary."
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Sincluda
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Left-wing Utopia

Postby Sincluda » Mon Jul 19, 2021 9:50 pm

Morover wrote:Darin Perise.

"Our delegation does not think direct replacement is necessary or urgent for this repeal. We find it essential to repeal as soon as possible, due to the harm it causes and the fact that any good caused can almost certainly be bypassed by nations willing to do so. The primary issue with replacement is that much of the premise of Resolution 247 is based in principles that don't directly need World Assembly legislation in order to accomplish. Should a member of my delegation feel so inclined as to write a proposal that covers specific subjects of this soon-to-be-repealed target, I will not stop them. I cannot in good faith, though, go forth with this repeal with the express intention in mind of replacement. We invite you to write your own replacement if you find it necessary."

"I agree with the sentiment that any nation that needs urgent replacement would do it themselves and that the issues within GAR#247 are rather damaging, so we will still support. However, we would still prefer a replacement eventually be drafted, whether by your delegation or another."

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Morover
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Founded: Oct 14, 2018
Ex-Nation

Postby Morover » Mon Jul 26, 2021 12:10 pm

OOC: Putting a tentative submission date of July 31 on this, unless anything major comes up.
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Araraukar
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Corrupt Dictatorship

Postby Araraukar » Tue Jul 27, 2021 2:30 am

OOC: I think there's a word typo in "regardless of their actual desire to know of the ongoings are" - the "are" at the end looks out of place.
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Morover
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Founded: Oct 14, 2018
Ex-Nation

Postby Morover » Tue Jul 27, 2021 1:54 pm

Araraukar wrote:OOC: I think there's a word typo in "regardless of their actual desire to know of the ongoings are" - the "are" at the end looks out of place.

Fixed. I think that came from a change some point in the drafting process from "regardless of their actual desire to know what the ongoings are" to the iteration that showed up in the draft. Regardless, it's gone now :) thanks!
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Morover
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Founded: Oct 14, 2018
Ex-Nation

Postby Morover » Tue Aug 10, 2021 10:42 am

This proposal is no longer being held in the illegal queue pending GenSec's decision on the legality challenge, and after talking to some members of GenSec it may have been a glitch. For the time being, I have the contested clause removed and will be taking comments until my resubmission. This will be resubmitted promptly following the release of GenSec's decision regarding the clause, with or without the contested clause, depending on what GenSec decides. I may also wait for an answer regarding the potential bug of it falling out of queue.

For archive purposes, the contested clause is as follows:
The ability for victims to make a statement at any critical stage of the prosecution may lead to particularly vindictive victims to be able to draw out a trial beyond a point reasonable or necessary for the deliverance of justice,
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Waldenes
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Founded: Mar 10, 2020
Ex-Nation

Postby Waldenes » Thu Aug 12, 2021 9:53 pm

“The target addresses a very important issue. I’m afraid the current lack of any replacement plans will be a dealbreaker for us on this one.”

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Desmosthenes and Burke
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Corporate Bordello

Postby Desmosthenes and Burke » Fri Aug 13, 2021 7:43 am

Morover wrote:The failure of the definition of “the accused”, resulting in all clauses regarding the accused to apply to acquitted individuals, due to the past tense of the clause possibly meaning “any person who has been charged in the past with a crime”,


OOC: Pedantic, but the clause in the target is not in the past tense. It "has been" and "have committed" are in the present-perfect tense. Not sure if this really makes a difference to the argument.
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Morover
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Founded: Oct 14, 2018
Ex-Nation

Postby Morover » Fri Sep 10, 2021 3:07 pm

Still waiting on the legality ruling on this.
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Bears Armed
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Postby Bears Armed » Sat Sep 11, 2021 3:38 am

Morover wrote:Still waiting on the legality ruling on this.

OOC: Thinking about it.
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Morover
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Founded: Oct 14, 2018
Ex-Nation

Postby Morover » Sat Sep 11, 2021 10:16 am

Bears Armed wrote:
Morover wrote:Still waiting on the legality ruling on this.

OOC: Thinking about it.

Awesome. Just wanted to make sure that this wasn't lost in the cracks.
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Morover
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Founded: Oct 14, 2018
Ex-Nation

Postby Morover » Thu Dec 09, 2021 10:14 am

OOC:

Following a series of family emergencies, personal emergencies, and an overall busy schedule on top of that, I should now be back. I apologize for being gone for so long.

I was hoping the ruling on legality for this would have been completed by this time, but it's not. I'll submit this by the end of the year regardless of the actual releasing of said legality - if nothing is released, I will simply get rid of the clause in question.
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Morover
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Founded: Oct 14, 2018
Ex-Nation

Postby Morover » Thu Dec 16, 2021 8:14 am

Following the release of the legality decision, this proposal will be submitted posthaste, with the illegal clause removed. If you have anything to say, please go for it but I’m not waiting for any more feedback given the months that have been available for feedback.
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Morover
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Founded: Oct 14, 2018
Ex-Nation

Postby Morover » Thu Dec 16, 2021 10:09 am

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Milorum
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Founded: Nov 29, 2020
Anarchy

Postby Milorum » Fri Dec 17, 2021 9:48 pm

Image
The Europeian Ministry of World Assembly Affairs recommends a vote FOR the General Assembly Resolution, Repeal: "Rights Of Crime Victims".
Its reasoning may be found here.

Last edited by Milorum on Fri Dec 17, 2021 9:48 pm, edited 1 time in total.
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Amerion
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Left-Leaning College State

Postby Amerion » Sat Dec 18, 2021 4:12 am

Image

The South Pacific's World Assembly Delegation has cast the Coalition's vote FOR this proposed resolution, Repeal: "Rights of Crime Victims", and warmly encourages fellow member regions to vote FOR.


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Princess Rainbow Sparkles
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Ex-Nation

Postby Princess Rainbow Sparkles » Tue Dec 21, 2021 9:46 am

Early Congrats! to Morover for the landslide passage for this repeal.

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Tinhampton
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Civil Rights Lovefest

Postby Tinhampton » Tue Dec 21, 2021 10:00 pm

Repeal "Rights of Crime Victims" was passed 14,454 votes to 848. (94.46% support)

IT'S A NEW GENERAL ASSEMBLY RECORD!!!

For: 14,454: Madjack (948), Amerion (797), Albrook (753), Dilber (539), Kethania (522), Wischland (426), Imperium Anglorum (414), North East Somerset (289), Duby (286), Primorye Oblast (265), Treadwellia (244), Budgie Snugglers (214), Luna State (191), Super Awesome Fun Times (164), Andusre (160), Thaelle (144), Ruinenlust (130), TESDAI (127), Bearded Dragones (121), Tevaris (119), Lesser Velutaria (110), ShrewLlamaLand (96), Sylh Alanor (81), The Glorious Hypetrain (75), Thousand Branches (69), South Boston Irishmen (61), Enlais (60), Student Loan Debt (58), The Salaxalans (56), Mikeswill (52), Brys questions (50), Technocratic Terra (46), Octal (45), Josephtan (43), Nulkia (43), Tinhampton (42), Particle (38), Noble Titans (38), Yodle (35), Roma Sparta (34), Dabberwocky (33), Candensia (31), The Free Northern Isles (30), Karteria (29), Telgan Alpha (28), Battadia (27), Sanctaria (27), Cruciland (25), NewTexas (25), New Asden (24), Tostandia (23), Orioni 2 (22), Castle Federation (21), Kingdom of Englands (21), Owswaldia (21), Potenzia (21), Fachumonn (19), Johanneslanden (19), Quinceria (19), Swiftlandian Peoples Republic (18), USS Juneau (18), Herya (18), Worldwide Chicago (18), Calnodia (17), Khovezzem (17), Fjellstad (16), Dokdo and Ulleung (16), Candanadium (16), Baloo Kingdom (15), Orca and Narwhal (13), Viktorovitch (12), Alesina (12), The Heavenly Cross Federation (12), Tahmapsian Iran (12), Somersetonia (12), Oi Barbaroi (11), Azgoghk (11), One Small Island (11), Draganisia (11), Lawid (10), Satn (10), The Sheika (10), Kikittaukak (10), Gladys and the drowning fish (10), Seludong (10), Santa Thereza (10), WillCo70 (10), Zamastan (9), Russiania (9), Loush Land (9), Hydroponic Nation (9), Trovons (9), Penetration Nation (9), Hajirah (9), Acknowledgement (8), The Voltarum (8), The Unified Pumaxi (8), Chodean Kal (8), Gatchina (8), Golanchia (8), Brocklandia (8), Otaku Stratus (8), TheRuhr (8), Thee Imperium 0f Man (8), New Delfos (7), Lamoni (7), The Palentine (7), Aftenheim (7), The Soviet state of Svalbard (7), Oxfordheim (7), 15th Scottish Highlanders Division (7), The Candy Of Bottles (7), Kalanaria (7), Anglerland (7), All Glory to God (6), Lenizhja (6), Yolyra (6), Refrigeratoria (6), Kyuxcy (6), Miseria (6), Wobbegong (6), Wadelhelpia (6), Dune-Aemiliana (6), Wabacha (5), Haruhi Japan (5), The Greater Hispanic State (5), The Sovereign Kingdom of Immobilia (5), Chap Ven (5), Cappedore (5), Charburek (5), The Finntopian Empire (5), Lost Village Mayohiga (5), Very totally free (5), Voxija (5), Ze Faderland (5), Hetic South (5), Hometania (4), South Doge Land (4), Echoslavia (4), Baccalieu (4), Onocarcass (4), Nanako Island (4), Fickonong (4), Northern Bucovina (4), Scenixia (4), Hunn (4), Bayin (4), King Rankmore (4), Swadonland (4), Deezer (4), Lushie (4), The Ruby Ranch Republic (4), Fouroon Deapergothe (4), Willtechia (4), Desertiania (4), Auxorii (4), ARSTOTZRA (4), Madrocea (4), Denathor (4), Kinben-ism (3), Greater Bahland (3), Sietsk (3), Transylvania Company (3), Republic of Dixie (3), Scandis (3), Taki Calxur (3), Reformed Cada Min Sharicia (3), Censia Newia (3), Victoslavia (3), Chargerland (3), Flor-Fina (3), Kleinekatzen (3), Wallace Country (3), Jeradise (3), Jafasda (3), Gafton Twofrex (3), 11 Templar Knights (3), The Isles of Bermuda (3), Herby (3), Langenia (3), The Eurasian SFSR (3), Man Eaters (3), Polandorus (3), Vengeant Aggression (3), Soviet Dingo (3), Jentrad (3), Tomisburg (3), Dagnia (3), East Thule (3), Republic of House Pacleb (3), The Mtn Dew (3), Goatia (3), Embreydo (3), Holenitabrius (3), Smanson (3), North Power (3), South Lacerta (3), Arab Darussalam (3), Guam Guap (3), Vipathe (3), Carie Neopitzia (3), Barak Khalad (3), Hyperborean States (3), The Age of Utopia (3), Republic of Washinton (3), Rabinia (2), The Akasha Colony (2), Main (2), North Texia (2), Imperial Felchah (2), Republic of Blank (2), Holfia (2), Islands Of Ventro (2), Banat v2 (2), Ontarra (2), Arryia (2), Wisea (2), Lal Bharat (2), Prodstrazka (2), Lehqhbraot (2), Opalium (2), Ostatlantik (2), Edfort (2), Consigahria (2), Jruhld (2), Silver-Tree (2), Quebec and Labrador (2), Guliveria (2), Social Democracy of Indochina (2), Shnrubton (2), Zamdrieak (2), Free Woritanarbio Islands (2), Voroslavl (2), Seveshka (2), Flasankia (2), The United Remnants of America (2), Calcaterra (2), Sunam (2), Galaxiak (2), Friuli V G (2), Romulus III (2), Hezbalia (2), Far Farklan (2), Zombiedolphins (2), The Hazar Amisnery (2), United Zephation (2), Dexian (2), KurentSlavija (2), Xukong (2), Falkrunn (2), Frostwalkers (2), Alexandriya (2), The United Radds (2), The Grand Republic of New Prussia (2), Tau Ceti Omega (2), Hyakkaou (2), Melonsistan (2), Unified Democratic Europe (2), Divinunta Theos (2), Whitemore (2), WinkyMaster (2), Tsaivao (2), Greater Eireann (2), New Auzstuatutstaken (2), Adeiatic (2), Meretica (2), Boku no Pica (2), Socialist Amogus (2), Neim (2), Benjyville (2), FORKTASTICSTAN (2), Novum Orientis (2), Democratic anti veganist state (2), Jacobopolus (2), NinjitsUtopia (2), Rolenmar (2), Pennsylvania 500 (2), The Neolithic German Empire (2), Making Catgirls Real (2), The Anarchist Federation of Spain (2), Panneau (2), The Polish Rezim (2), Western Taiwans (2), Infusvia (2), Stonlos (2), Yesmanland (2), The Tinfields (2), Lyanta (2), Ethwelistan (2), Caylood Hype (2), United Lammunist Republic (2), Finema (2), Engloscots (2), The Rising Aura (2), Davelands (2), Floriska (2), Foreignaid (2), Pheonixknight (2), Siochania (2), Milkination (2), Amorite (2), Fsdh E (2), Il Osoris (2), Absheria (2), Aalorv (2), Kingdom of Sealia (2), Exzilian State (2), The Ancient World (2), Avalon Nova (2), Screw Capitalism I Hate Capitalism (2), East Pittsburgh (2), Neo-Otran (2), Dow Salold Islands (2), and (4,860) individual member nations.

Against: 848: Hindu Puri (39), Sailiopia (21), Ecclestia (18), Ioavollr (16), Vegaga (10), Yaxopsville (10), Axorian (9), The Bolivian Socialist Falange (9), Orennica (8), The Greastest Nation (7), South Sulphur (6), Aelythium (6), Libertarian Communist Planets (6), Marinonia (5), Reultan (5), The Communists of the Multiversal Empire (5), Chairman Cities (4), Prussia-Saxon (3), Mint oreos (3), Minlask (3), United Corporate States (3), Chuliu Emperor (3), His Excellency (3), Stavinaga (3), Sedgistan (2), Zarnicovia nova (2), The Free Columbian States (2), Lower Slobbovia (2), Eotheood (2), Tarlag (2), The Hanzanburg Union (2), Boarder Princes (2), Union of Noovistian (2), Vaako (2), Western Isles Of Denmark (2), President Pro Tempore (2), Lacmhacarh (2), and (617) individual member nations.
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