(Draft) Criminal Punishment Act

[Grays Harbor]

In response to the spate of anti death penalty draft proposals of late, we offer this as a counterpoint.

VERSION 2

Criminal Punishment Act
Category: Moral Decency
Strength: Strong

Alarmed that many nations permit criminals convicted of the most heinous crimes to escape the ultimate punishment

Dismayed that those nations continue to advocate that all follow their dubious example

Mandates the following:

1. The death penalty shall be available in all WA nations, but not limited to, the following offenses
-- a. Serial murder
-- b. Premeditated murder
-- c. Murder for hire
-- d. Murder involving forcible rape

2. That each nation may determine for themselves which additional offenses may be added to the list as their justice system demands.

3. That the death penalty for the named offenses is not the only penalty available, and that judges, and juries where applicable, or any legal and competent authority as set by each government, may set a lesser punishment for those convicted.

4. That all legally mandated executions should be carried out in a humane manner.

5. That legal means be provided for a way to seek pardon or commutation.

6. That a separate trial phase and sentencing phase be required in order to permit both the defense and the prosecution to fully explore all options.

7. Hereby outlaws the use of capital punishment on minor children below the age of majority, and pregnant women.

8. Hereby prohibits extrajudicial and summary executions, and provides a fair and equitable route of seeking compensation and justice to the family of victims of such executions, to be determined by each juducial system to fully investigate and persecute the perpetrators of such extrajudicial and/or summary executions.

[Nullarni]

Hmmm... I get your point, but I would like to see if you could get it passed.

[Unibot]

The death penalty shall be available in all WA nations for the following, but not limited to, offenses

"Excuse me?" Eduard blinked, "What gives you the bloody right to tell us that we shall not respect one another's right to fucking live? This resolution is forcing the moral low ground on the World Assembly. Opposed with all my heart."

OOC: This proposal is mandating that all WA nations must offer capital punishment? Right? Or is it just a blocker proposal like NAPA? If it's the latter, your wording needs some alterations.

[Glen-Rhodes]

OOC: This proposal is mandating that all WA nations must offer capital punishment? Right? Or is it just a blocker proposal like NAPA? If it's the latter, your wording needs some alterations.

OOC: It's probably a blocker (which I would support), but wording definitely needs to be changed. Something along the lines of, "World Assembly member states reserve the right to..."

[Charlotte Ryberg]

It might also need a clause that recognise the member states right to abolish the death penalty for all offences.

[Grays Harbor]

The death penalty shall be available in all WA nations for the following, but not limited to, offenses

"Excuse me?" Eduard blinked, "What gives you the bloody right to tell us that we shall not respect one another's right to fucking live? This resolution is forcing the moral low ground on the World Assembly. Opposed with all my heart."

OOC: This proposal is mandating that all WA nations must offer capital punishment? Right? Or is it just a blocker proposal like NAPA? If it's the latter, your wording needs some alterations.

That would be the same right which you yourself have used to attempt to ban the death penalty in nations where it is available, hnh? We believe our colleague should reread the draft more closely. This mandates that the death penalty be offered as an option. It does not, however, mandate that it actually be used, as section 4 clearly styates that any lesser penalty may be offered as determined by competent authority. It also states that the death penalty be carried out in a humane manner, but does not state how. A court can, should they choose, condemn a convicted murderer to death by natural causes; in effect, life in prison. There is no time limit set as to carrying out the sentence.

OOC: Not a blocker. This is of the same moral standing, except from the opposing viewpoint, as the anti death penalty proposals.

[Grays Harbor]

It might also need a clause that recognise the member states right to abolish the death penalty for all offences.

Wouldn't that then make it illegal due to optionality? Serious question, not an argument.

[Unified Western States]

The Ambassador from the UWS requests to know the following:

1. Since the UWS currently does not have the death penalty, would this resolution force us to reinstate it?

[Quadrimmina]

The Republic of Quadrimmina has been working on drafting a resolution to achieve a similar effect. We applaud and support this resolution on its merits. We will post our resolution as drafted here for Grays Harbor's consideration.

Death Penalty Act

THIS WORLD ASSEMBLY,

UNDERSTANDING the controversy regarding capital punishment, defined as the nationally sponsored execution of criminals.

HOWEVER, AFFIRMING every nation's ability to declare capital punishment legal in their nations.

HEREBY DECLARES that no World Assembly Resolution may abridge a nation's sovereign right to perform and regulate all forms of capital punishment.

[Nullarni]

The Ambassador from the UWS requests to know the following:

1. Since the UWS currently does not have the death penalty, would this resolution force us to reinstate it?

Yes, of course... but it doesn't force your justice system to actually sentence anyone to death.

[Unified Western States]

The Ambassador from the UWS requests to know the following:

1. Since the UWS currently does not have the death penalty, would this resolution force us to reinstate it?

Yes, of course... but it doesn't force your justice system to actually sentence anyone to death.

That is what we thought, we just wanted to make sure. Our ambassador is torn about this resolution. On one hand, it is a resolution that strengthens a nation's right to judicial freedom. On the other hand, our nation is strongly against the death penalty. So as of now, we are neutral on this resolution.

[Glen-Rhodes]

That would be the same right which you yourself have used to attempt to ban the death penalty in nations where it is available, hnh? We believe our colleague should reread the draft more closely. This mandates that the death penalty be offered as an option. It does not, however, mandate that it actually be used, as section 4 clearly styates that any lesser penalty may be offered as determined by competent authority. It also states that the death penalty be carried out in a humane manner, but does not state how. A court can, should they choose, condemn a convicted murderer to death by natural causes; in effect, life in prison. There is no time limit set as to carrying out the sentence.

I don't think it's any more acceptable to force nations to legalize capital punishment than it is to force them to abolish it. I would support a proposal that allows nations the right to use capital punishment, but I think there a few things that it ought to do in addition:

• Provide for a way to seek pardon or commutation.
• Separate trial and sentencing.
• Outlaw the use of capital punishment on children and pregnant women.
• Prohibit extrajudicial and summary executions, and provide a route of compensation to the family of victims of such executions. Additionally, require investigations and persecution of the perpetrators.

Wouldn't that then make it illegal due to optionality? Serious question, not an argument.

Blocker resolutions (which, let's be honest, this definitely is) typically walk the line of optionality. There has to be some kind of regulation involved. In NAPA, we have to ensure the safety of our nuclear weapons, if we choose to have them. You have optionality covered so far with article 4. My above suggestions, if implemented, would put it clear into the legal territory.

- Dr. B. Castro

[Grays Harbor]

That would be the same right which you yourself have used to attempt to ban the death penalty in nations where it is available, hnh? We believe our colleague should reread the draft more closely. This mandates that the death penalty be offered as an option. It does not, however, mandate that it actually be used, as section 4 clearly styates that any lesser penalty may be offered as determined by competent authority. It also states that the death penalty be carried out in a humane manner, but does not state how. A court can, should they choose, condemn a convicted murderer to death by natural causes; in effect, life in prison. There is no time limit set as to carrying out the sentence.

I don't think it's any more acceptable to force nations to legalize capital punishment than it is to force them to abolish it. I would support a proposal that allows nations the right to use capital punishment, but I think there a few things that it ought to do in addition:

• Provide for a way to seek pardon or commutation.
• Separate trial and sentencing.
• Outlaw the use of capital punishment on children and pregnant women.
• Prohibit extrajudicial and summary executions, and provide a route of compensation to the family of victims of such executions. Additionally, require investigations and persecution of the perpetrators.

Wouldn't that then make it illegal due to optionality? Serious question, not an argument.

Blocker resolutions (which, let's be honest, this definitely is) typically walk the line of optionality. There has to be some kind of regulation involved. In NAPA, we have to ensure the safety of our nuclear weapons, if we choose to have them. You have optionality covered so far with article 4. My above suggestions, if implemented, would put it clear into the legal territory.

- Dr. B. Castro

We can see the merit of those clauses, and shall see about how to work them into this draft. Thank you for your recomendations.

[New Zepuha]

Well our capital punishments are a bit more cruel. We have been using the electric chair since 1945, and interigation is usually torture, then before execution the suspect is beaten by all guards for 10 minutes until unconcious. Its a mandate. But other than my own views I applaude your idea but it could use some lengthining and revision.

[Grays Harbor]

*update of Version 2 posted in OP*

[Bears Armed]

Well our capital punishments are a bit more cruel. We have been using the electric chair since 1945, and interigation is usually torture, then before execution the suspect is beaten by all guards for 10 minutes until unconcious. Its a mandate.

"Ahem!"

[Charlotte Ryberg]

1. The death penalty shall be available in all WA nations, but not limited to, the following offenses
-- a. Serial murder
-- b. Premeditated murder
-- c. Murder for hire
-- d. Murder involving forcible rape

By the looks of this current draft member states are being forced to adopt the death penalty. We will not readopt the death penalty for non-war crimes offences for any reason and will have to oppose this draft as written, until some effort is made to recognise the right for member states to use the death penalty, and the right for member states not to have it.

Yours etc,

[Grays Harbor]

1. The death penalty shall be available in all WA nations, but not limited to, the following offenses
-- a. Serial murder
-- b. Premeditated murder
-- c. Murder for hire
-- d. Murder involving forcible rape

By the looks of this current draft member states are being forced to adopt the death penalty. We will not readopt the death penalty for non-war crimes offences for any reason and will have to oppose this draft as written, until some effort is made to recognise the right for member states to use the death penalty, and the right for member states not to have it.

Yours etc,

Please reread clause 3

3. That the death penalty for the named offenses is not the only penalty available, and that judges, and juries where applicable, or any legal and competent authority as set by each government, may set a lesser punishment for those convicted.

Which clearly states that nobody is required to actually use the death penalty, and that any other lesser penalty, as deemed appropriate by each nation, may be used for sentencing. Unlike the anti death penalty proposals which mandate what each judicial system may do, this does give the option to not use the death penalty for those opposed to it.

[Glen-Rhodes]

We can see the merit of those clauses, and shall see about how to work them into this draft. Thank you for your recomendations.

You should probably define what extrajudicial and summary executions are. Also, I would still be unable to approve of this proposal, since it mandates the legalization of capital punishment. (Even if nations are not forced to use it, they are forced to allow its use.)

Something along the lines of following is certainly acceptable. You are not, of course, obligated to use it, but I think the proposal would benefit by borrowing from it.

The World Assembly,

DEFINES capital punishment as the act of putting a person to death after being convicted of any of the following crimes: serial murder, premeditated murder, murder for hire, and murder involving forcible rape;

DEFINES extrajudicial execution and summary execution as any use of capital punishment without a trial and a separate hearing on the applicability of capital punishment;

GRANTS the right of member nations to utilize capital punishment in accordance with the regulations of this act;

PROHIBITS the use of capital punishment on children and those who are pregnant;

PROHIBITS the use of extrajudicial executions and summary executions;

REQUIRES that a fair and equitable route of seeking compensation and justice to the family of victims of extrajudicial executions and summary executions be devised by the judicial system of each member nation;

REQUIRES member nations to investigate and persecute the perpetrators of extrajudicial executions and summary executions;

MANDATES that any use of capital punishment be done in as humane way as possible, to avoid undue and overly cruel pain and suffering.

- Dr. B. Castro

[New Zepuha]

Well our capital punishments are a bit more cruel. We have been using the electric chair since 1945, and interigation is usually torture, then before execution the suspect is beaten by all guards for 10 minutes until unconcious. Its a mandate.

"Ahem!"

Your point is?

[Bears Armed]

Well our capital punishments are a bit more cruel. We have been using the electric chair since 1945, and interigation is usually torture, then before execution the suspect is beaten by all guards for 10 minutes until unconcious. Its a mandate.

"Ahem!"

Your point is?

Your nation is a member of the WA. Therefore your nation's law-code automatically includes all of the WA resolutions that have been passed so far and not yet repealed, including those of them that were passed before you actually joined. Therefore the practices that you describe, being forbidden by the resolution that I pointed out, are currently illegal within your nation.

[New Zepuha]

Well our capital punishments are a bit more cruel. We have been using the electric chair since 1945, and interigation is usually torture, then before execution the suspect is beaten by all guards for 10 minutes until unconcious. Its a mandate.

"Ahem!"

Your point is?

Your nation is a member of the WA. Therefore your nation's law-code automatically includes all of the WA resolutions that have been passed so far and not yet repealed, including those of them that were passed before you actually joined. Therefore the practices that you describe, being forbidden by the resolution that I pointed out, are currently illegal within your nation.

And I should care why?

[Hirota]

Well our capital punishments are a bit more cruel. We have been using the electric chair since 1945, and interigation is usually torture, then before execution the suspect is beaten by all guards for 10 minutes until unconcious. Its a mandate.

"Ahem!"

Your point is?

Your nation is a member of the WA. Therefore your nation's law-code automatically includes all of the WA resolutions that have been passed so far and not yet repealed, including those of them that were passed before you actually joined. Therefore the practices that you describe, being forbidden by the resolution that I pointed out, are currently illegal within your nation.

And I should care why?

You should care because your nation is doing different to what you claim ambassador. You should pop home once in a while and see the benefits of the good work of the WA.

OOC: What it means is your role-play is complete bunk.

[Embolalia]

I support this. I can see where it would be confusing to those who haven't actually read the proposal, but overall it's quite good.
I think: "1. The death penalty shall be available in all WA nations as punishment for offenses including, but not limited to, the following:" sounds a little more clear to me than as it's written. I also think, for the lemmings, you might consider a clause in the preamble, "Recognizing the right of individual nations not to use the death penalty in their own systems of justice", just before "dismayed". Maybe then people will realize this isn't mandating the use of the death penalty.

[Glen-Rhodes]

... as punishment for offenses including, but not limited to, the following:" ...

Allowing the use of capital punishment to be open-ended is a bit worrisome.

- Dr. B. Castro