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[Draft] Repeal: "Rights of Crime Victims"

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Morover
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[Draft] 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 past tense 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 Morover on Tue Aug 10, 2021 10:35 am, edited 5 times in total.
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Bananaistan
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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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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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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."
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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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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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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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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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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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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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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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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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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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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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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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Postby Morover » Fri Sep 10, 2021 3:07 pm

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

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

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Morover
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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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