[PASSED] Repeal "Double Jeopardy Prohibition"

[New Mazovia]

Oh yeah! Let's repeal all of the old resolutions. They're too short and clear. Let's change them into longer with more exceptions and exceptions from exceptions and then let's clarify how to interpret and not to interpret all of them.

Anyway, more votes are to repeal, so I'm going to vote FOR new Double Jeopardy Prohibition resolution, provided it won't be against general sense of double jeopardy ban.

[Alqania]

"I would like to announce that the Queendom has voted for this resolution and that we have resumed drafting on our replacement", Lord Raekevik stated.

[Nationalist Alliance]

We all stand united!!!

[Moronist Decisions]

We congratulate Ambassador Eberhart and the delegation from Mallorea and Riva for their successful repeal, and laments the fact that the Queleshian delegation has decided to resubmit this without any reflection or significant edits, or forum discussion.

[Mousebumples]

We congratulate Ambassador Eberhart and the delegation from Mallorea and Riva for their successful repeal, and laments the fact that the Queleshian delegation has decided to resubmit this without any reflection or significant edits, or forum discussion.

We thank The Lion for their support in this matter and ALSO stand strongly opposed to the resubmission by the Queleshian delegation.

As there is no forum thread for the resubmitted text, I shall include it here for the perusal of those who had originally stood In Support of the original resolution's repeal.

Double Jeopardy Prohibition
A resolution to improve worldwide human and civil rights.
Category: Human Rights | Strength: Significant | Proposed by: Quelesh

Description: The World Assembly,

APPALLED by the practice of double jeopardy, or trying an individual more than once for the same alleged offense;

CONVINCED that freedom from this unjust practice is a cornerstone of any fair criminal justice system;

SEEKING to put an end to this injustice;

hereby MANDATES the following, subject to any limitations existing in prior international law:

1. Once an individual has been finally acquitted or convicted, or a functional equivalent thereof, of a crime, member states shall not try that individual for the same alleged criminal act again, except in accordance with clause 2 of this resolution.

2. Member states may vacate an individual's conviction of a crime and grant the individual a new trial for that crime. If the individual is again convicted of the crime, the new sentence shall not be more severe than the old sentence, and any conditions of the old sentence that have been met shall count toward the completion of the new sentence.

3. Member states may choose to not pursue a retrial of an individual whose conviction of a crime has been vacated in accordance with clause 2. In such cases, the individual's criminal sentence for the crime must be immediately terminated.

Notable limits of this text include the fact that WA Member States ARE NOT allowed to retry those who are acquitted, even if the individual in question stands up and proclaims "HAHA! I DID IT!" after they are acquitted. While there are some changes to the now-repealed resolution, they are minimal at best, and they fail to acknowledge most of the objections made in the repeal text itself.

I will work to campaign AGAINST this proposal, should it reach quorum or a vote, and if it - somehow - manages to pass ...

Yours,
Nikolas Eberhart
Ambassador from the Doctoral Monkey Feet of Mousebumples
WA Delegate for Monkey Island

[Dagguerro]

Congratulations on a successful repeal of this poor piece of legislation.

...and laments the fact that the Queleshian delegation has decided to resubmit this without any reflection or significant edits, or forum discussion.

Indeed? How tiresome...

I will work to campaign AGAINST this proposal, should it reach quorum or a vote, and if it - somehow - manages to pass ...

(Image)

And we shall vote against the proposal and support your repeal if necessary, Ambassador.

[Bears Armed]

the Queleshian delegation has decided to resubmit this without any reflection or significant edits

"Is doing that actually legal?"

[Quelesh]

We congratulate Ambassador Eberhart and the delegation from Mallorea and Riva for their successful repeal, and laments the fact that the Queleshian delegation has decided to resubmit this without any reflection or significant edits, or forum discussion.

Actually, there have been three notable changes, including the addition of "finally acquitted," to allow for prosecution appeals of not guilty verdicts. The submitted proposal does now have a thread, though.

even if the individual in question stands up and proclaims "HAHA! I DID IT!" after they are acquitted.

Oh come now. When has that ever happened? I have never heard of anyone being so stupid by inviting vigilante justice upon herself in such a manner. (OOC: I have never heard of this ever happening in the United States or any other RL country that bans double jeopardy. At most, it is extremely rare, if not actually nonexistent.)

Alexandria Yadoru
Quelesian WA ambassador

[Sanctaria]

the Queleshian delegation has decided to resubmit this without any reflection or significant edits

"Is doing that actually legal?"

It doesn't matter if it's legal or not, at least the Queleshian delegation has the "moral courage" to do it!

[Quelesh]

the Queleshian delegation has decided to resubmit this without any reflection or significant edits

"Is doing that actually legal?"

Yes. It would have been legal to submit the exact same proposal text, but, despite what the Moronist ambassador said, three significant edits were made prior to resubmission.

Alexandria Yadoru
Quelesian WA ambassador

[Mallorea and Riva]

"Is doing that actually legal?"

Yes. It would have been legal to submit the exact same proposal text, but, despite what the Moronist ambassador said, three significant edits were made prior to resubmission.

Alexandria Yadoru
Quelesian WA ambassador

None of which actually addressed the major concerns of those who were speaking out against the proposal.

[Quelesh]

Yes. It would have been legal to submit the exact same proposal text, but, despite what the Moronist ambassador said, three significant edits were made prior to resubmission.

None of which actually addressed the major concerns of those who were speaking out against the proposal.

My edits certainly address the concern about prosecution appeals. However, I have "addressed" the concern about retrials based upon "new evidence" by asserting that such retrials are immoral and unjust and should not be allowed, and I certainly do not intend to allow for them.

Alexandria Yadoru
Quelesian WA ambassador

[Mallorea and Riva]

None of which actually addressed the major concerns of those who were speaking out against the proposal.

My edits certainly address the concern about prosecution appeals. However, I have "addressed" the concern about retrials based upon "new evidence" by asserting that such retrials are immoral and unjust and should not be allowed, and I certainly do not intend to allow for them.

Alexandria Yadoru
Quelesian WA ambassador

Your edits failed to address any such concerns. Your conviction that you were Right and Just, and that every other member state's legal system must be Corrupt and Wrong caused your blindness to the problems that glared so clearly to the other representatives.

[Quelesh]

My edits certainly address the concern about prosecution appeals. However, I have "addressed" the concern about retrials based upon "new evidence" by asserting that such retrials are immoral and unjust and should not be allowed, and I certainly do not intend to allow for them.

Your edits failed to address any such concerns. Your conviction that you were Right and Just, and that every other member state's legal system must be Corrupt and Wrong caused your blindness to the problems that glared so clearly to the other representatives.

Are you saying that the "finally acquitted" wording does not allow for prosecution appeals of not guilty verdicts?

Alexandria Yadoru
Quelesian WA ambassador

[Mallorea and Riva]

Your edits failed to address any such concerns. Your conviction that you were Right and Just, and that every other member state's legal system must be Corrupt and Wrong caused your blindness to the problems that glared so clearly to the other representatives.

Are you saying that the "finally acquitted" wording does not allow for prosecution appeals of not guilty verdicts?

Alexandria Yadoru
Quelesian WA ambassador

The infinite loop cycle that the ambassador from Sanctaria has pointed out creates a rather new and interesting problem, based in the same issues as before, namely a lack of appropriate wording and time spent drafting.

[Merfurian]

Your edits failed to address any such concerns. Your conviction that you were Right and Just, and that every other member state's legal system must be Corrupt and Wrong caused your blindness to the problems that glared so clearly to the other representatives.

Are you saying that the "finally acquitted" wording does not allow for prosecution appeals of not guilty verdicts?

Alexandria Yadoru
Quelesian WA ambassador

er...yes. I think that is what the ambassador is very plainly stating. Finally aquitted = not able to appeal said acquittal, does it not, or have the custodians of the English language rewritten the definition of "finality of acquittal"?

[Quelesh]

The infinite loop cycle that the ambassador from Sanctaria has pointed out creates a rather new and interesting problem, based in the same issues as before, namely a lack of appropriate wording and time spent drafting.

The "infinite loop cycle" that you point out (1) isn't an infinite loop and (2) falls afoul of Reasonable Nation Theory, as I explain in the other thread.

Are you saying that the "finally acquitted" wording does not allow for prosecution appeals of not guilty verdicts?

er...yes. I think that is what the ambassador is very plainly stating. Finally aquitted = not able to appeal said acquittal, does it not, or have the custodians of the English language rewritten the definition of "finality of acquittal"?

A retrial can be conducted so long as the acquittal is not final. That is, once a person has been found not guilty, the prosecution can appeal that verdict, and, if the original not guilty verdict is overturned, the state can put her on trial again, so long as her original acquittal was not final.

Alexandria Yadoru
Quelesian WA ambassador

[Merfurian]

The infinite loop cycle that the ambassador from Sanctaria has pointed out creates a rather new and interesting problem, based in the same issues as before, namely a lack of appropriate wording and time spent drafting.

The "infinite loop cycle" that you point out (1) isn't an infinite loop and (2) falls afoul of Reasonable Nation Theory, as I explain in the other thread.

er...yes. I think that is what the ambassador is very plainly stating. Finally aquitted = not able to appeal said acquittal, does it not, or have the custodians of the English language rewritten the definition of "finality of acquittal"?

A retrial can be conducted so long as the acquittal is not final. That is, once a person has been found not guilty, the prosecution can appeal that verdict, and, if the original not guilty verdict is overturned, the state can put her on trial again, so long as her original acquittal was not final.

Alexandria Yadoru
Quelesian WA ambassador

That second argument is odd, ambassador. In the original proposal (and the reason why I vehemently opposed it) you flatly outlawed trial de novo. Now, you are seeking to legalize it again. Please, do one or the other, not both, and kindly give an explanation to put my mind at ease.

Klause Uliyan
etc

[Quelesh]

That second argument is odd, ambassador. In the original proposal (and the reason why I vehemently opposed it) you flatly outlawed trial de novo. Now, you are seeking to legalize it again. Please, do one or the other, not both, and kindly give an explanation to put my mind at ease.

It was never my intention to entirely outlaw prosecution appeals of not guilty verdicts. The addition of the word "finally" merely clarifies that position, and that this proposal does not in fact prohibit prosecution appeals, so long as those appeals are conducted before the acquittal becomes final.

Alexandria Yadoru
Quelesian WA ambassador

[Merfurian]

That second argument is odd, ambassador. In the original proposal (and the reason why I vehemently opposed it) you flatly outlawed trial de novo. Now, you are seeking to legalize it again. Please, do one or the other, not both, and kindly give an explanation to put my mind at ease.

It was never my intention to entirely outlaw prosecution appeals of not guilty verdicts. The addition of the word "finally" merely clarifies that position, and that this proposal does not in fact prohibit prosecution appeals, so long as those appeals are conducted before the acquittal becomes final.

Alexandria Yadoru
Quelesian WA ambassador

What, then, was your original intention in DJP v1?

[Damanucus]

Linard's hotline rang again. He hoped for good news this time. "Hello?"

"Your Imperialness, it's Stephanie Orman."

"Stephanie, you haven't called me Your Imperialness for...at all. No one does. It's either Emporer or Linard. Now, what's happened?"

"Double Jeopardy Prohibition has been repealed." A pause came over the line, although Stephanie could tell that Linard was fistpumping on the other end. "That said, there are replacements in the works. I've stated that I'll only support a replacement if it allows us to retrial parties should new evidence arise, or—"

"—Or there is evidence of court tampering," Linard finished. He knew the case too well. "Last thing we need is another Terrible Gang. Which reminds me, when those gnomes come around, I'm going to see if I can withhold the announcement of the repeal; last thing we need is the Terrible Gang going underground again."

"That would not be helpful, especially with replacements in the pipeline."

"By the way, is the Queleshi delegation submitting a replacement?"

"Of course."

"Will you be supporting it?"

Stephanie's shock was audible. "I can't believe you felt the need to ask. However, it will make interesting nighttime reading."

"I'm sure it will."

---

Detective Constable Rambahn Vishina's desk phone rang annoyingly, as it had for a long time after the close of Operation Umbridge. He put an end to its incessant ringing. "DC Vishina."

"Operation Umbridge has been reactivated," a mysterious voice came over the line. "Meet in Triolin immediately. I repeat, Umbridge is reactivated."

"And who gives this order?"

"Police Commissioner Gary Essex."

Rambahn stood immediately and saluted, much to his embarrassment. "Sir yes sir!" The phone clicked off when he realized what was happening. Still red with embarrassment, he quickly grabbed his jacket and left, passing DC Rachael Balliard's desk as he went. "Where're you going?" she asked.

"Umbridge is up again. We are going to Triolin."

---

"The Bank of Damanucus main vault!?" Rachael whispered, obviously surprised.

"Ultimate sign of contempt against the system," Detective Sergeant Brian Keep explained. "They get away with this, they show a sign that they can do anything, and no-one can touch them."

"Makes se—!" Rachael was quick to remain quiet, as the vault door started to budge open. Out came the entire group: Teribius Castro, Thomas Briggs, Lisa Briggs, Josef Briggs, Karl Kroenen, and Jane Grey. They each held in their hands a small pistol and a bag so full that the outline of their contents (gold and Damanucan liras) was visible.

The gang immediately stopped when they heard, "Hold it right there; you are surrounded."

The gang put all their carried items on the ground, their faces cut across with a somewhat knowing smile. As the officers gathered around the gang, Police Commissioner Gary Essex approached Teribius himself. "So this is 'Terrible' Castro?"

"Commissioner," Teribius chimed. "So great to finally meet you. I would so hate to be an inconvenience to you, but I'm sure you'll realize that any court case will just end up with us walking free regardless, don't you? So why don't we just save ourselves a bit of time and let my gang walk free?"

Gary smiled, then turned to his fellow officers. "Make sure they go in separate vans."

Teribius smiled as he was lead away.

---

The case lasted two days. Every little detail was heard and questioned. Although the defense, for some reason, asked very few questions, and did very little cross-examination.

The final verdict was the most anticipated part of the trial, and everyone was hoping for a guilty verdict. But as the foreman stood...

"What say you?" Judge Leslie Priest asked.

"We find the defendant, Teribius Castor, not guilty." And he went through the entire list, giving each member a 'not guilty' as he did. Shocks were evident across the gallery, and the gang just smiled.

A small, scrawny man entered the courtroom, bowed to the judge, then approached the prosecution desk, handing the prosecutor an envelope. He opened it, looked at its contents, then closed the envelope back up. He then stood. "Your Honour, I wish to appeal the sentence, as it has come to my attention that the jury has been bribed."

The defender stood. "Your Honour, as you and I know, while those who bribe the jury can be convicted, those who are acquitted cannot be retried."

"Then you obviously haven't read the paper," the Judge noted, and threw a copy at the lawyer.

Nomadic Enquirer

---

Double Jeopardy Prohibition Repealed. Double Jeopardy reinstated.

"Double jeopardy was reinstated to the books a week ago, two days before your clients' heist. They can, and will, be tried again for this crime. I'm allowing the appeal."

The gang sat at their bench. Caught. Teribius turned to his fellow members. "As long as they can keep up the suspicion that we were bribing the jury, this could go on for as long as they want. Let's just put in a guilty plea at the appeal, and save ourselves some pain."