[QUORUM FOR NOW?] [GA#247 SUB] Fairness for Victims of Crime

[Tinhampton]

This proposal has been filed to the General Assembly Social Justice Board.
NOTE 2: at 0437 GMT on the 24th of March 2023, the second iteration of this proposal reached quorum with Long Live The Henrarchy's approval, the 62nd all told.
NOTE: the first iteration of this proposal failed to reached quorum due to unexplained issues with update timing

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Character count: 1,783
Word count: 295

This proposal is the IC debut of Paul Montenegro, fourth-in-line to the post of Delegate-Ambassador.
OOC: Totally not a Marsy's Law, honest. This is my proposed replacement for GA#247 - others' mileages will vary - and will be submitted no earlier than the middle of October 2021.

Fairness for Victims of Crime
A resolution to improve worldwide human sapient and civil rights.

Category: Civil Rights

Strength: Mild

Proposed by: Tinhampton

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Whereas crime victims deserve privacy and closure, the General Assembly hereby:

1. defines, for the purposes of this resolution, a "victim" as any person (V) in a member state, as well as those authorised to make legal decisions on V's behalf (if V is legally incompetent) and V's next of kin (if V is deceased), where V has been harmed by any person (H) during H's commission of a crime that H has been charged with committing, assisting, or conspiring to assist or commit,
2. declares that each victim of any crime which a person has been charged with committing (with that victim's free and informed consent in each instance) enjoys the right to:
   
   1. be informed about the progress and verdict of that person's trial,
   2. attend that person's trial, including their sentencing, and
   3. be informed about that person's temporary or permanent release from any location, including prison, where they may be detained for committing that crime against them,
3. mandates that members not disclose any victim's personal information in a manner that could result in the person who committed that crime violating their privacy (including by contacting or attempting to contact them by any means without their free and informed consent),
4. clarifies that Article c does not prevent those representing a victim, or the person charged with committing the crime against them, in a trial between the two parties from using that victim's personal information in that trial for the sole purposes of such representation,
5. requires members to tell every victim about all of the provisions of this resolution as soon as possible after they become a victim, and
6. clarifies that nothing in this resolution prevents members from enacting further protections for victims.

Co-author: The Hinterplace

[Tinhampton]

Old drafts

Whereas crime victims deserve privacy and closure, the General Assembly hereby:

1. defines, for the purposes of this resolution, a "victim" as any person (V) in a member state, as well as those authorised to make legal decisions on V's behalf (if V is legally incompetent) and V's next of kin (if V is deceased), where V has been harmed by any person (H) during H's commission of a crime that H has been charged with committing,
2. declares that each victim of any crime which a person has been charged with committing (with that victim's free and informed consent in each instance) enjoys the right to:
   
   1. be informed about the progress and verdict of that person's trial,
   2. attend that person's trial, including their sentencing, and
   3. be informed about that person's temporary or permanent release from any location, including prison, where they may be detained for committing that crime against them,
3. mandates that members not disclose any victim's personal information in a manner that could result in the person who committed that crime violating their privacy (including by contacting or attempting to contact them by any means without their free and informed consent),
4. clarifies that Article c does not prevent those representing a victim, or the person charged with committing the crime against them, in a trial between the two parties from using that victim's personal information in that trial for the sole purposes of such representation,
5. requires members to tell every victim about all of the provisions of this resolution as soon as possible after they become a victim, and
6. clarifies that nothing in this resolution prevents members from enacting further protections for victims.

Co-author: HM Queen Elizabeth III

Whereas crime victims deserve privacy and closure, the General Assembly hereby:

1. defines, for the purposes of this resolution, a "victim" as any person (V) in a member state, as well as V's parents or carers (if V is legally incompetent by virtue of age) and V's next of kin (if V is deceased or legally incompetent for reasons other than age), where V has been harmed by any person (H) during H's commission of a crime that H has been charged with committing,
2. declares that each victim of any crime which a person has been charged with committing shall (but only with that victim's free and informed consent in each instance) be:
   
   1. informed about the progress and verdict of that person's trial, and furthermore allowed to attend that person's trial (including the delivery of the verdict therein),
   2. informed about that person's temporary or permanent release from any location, including prison, where they may be detained for committing that crime against them,
   3. entitled to seek compensation for the harms they have suffered because of that person's crime against them (or to waive their right to seek it in order to facilitate a plea bargain for that crime), where that person has been convicted of that crime, and
   4. allowed to explain at that person's trial (if they choose to attend it) how they have been harmed by the acts constituting that person's crime against them, provided that said explanation is not so long or scheduled so far into the future that it prevents that person from swiftly being sentenced or exonerated as appropriate,
3. mandates that members act to ensure that the privacy of any victim of a crime is not violated by anyone charged with committing that crime against them (including by not disclosing that victim's personal information in a manner that could facilitate such privacy violations or result in that person talking or attempting to talk to that victim by any means without that victim's free and informed consent), and
4. requires members to tell every victim about all of the provisions of this resolution as soon as possible after they become a victim.

The General Assembly hereby:

1. defines, for the purposes of this resolution:
   
   1. a "suspect" as any person in a member state who has been charged with committing a crime under any member's law or an active World Assembly resolution, and
   2. a "victim" as any person in a member state (or, if deceased or otherwise legally incompetent, their next-of-kin) who has been, or could have imminently been, harmed by any suspect during that suspect's commission of a crime that suspect has been charged with committing and who is not a suspect themselves in relation to that particular crime,
2. declares that, in relation to any crime a suspect has been charged with committing, each victim of the crime which that suspect has been charged with committing shall be:
   
   1. informed about the progress and (when delivered) verdict of that suspect's trial, provided that this information is only given to that victim with their free and informed consent,
   2. informed about that suspect's temporary or permanent release from any location (including prison) where they may be detained for their committing their crime against that victim, but again only with that victim's free and informed consent,
   3. allowed to attend that suspect's trial (including the delivery of the verdict thereof), but yet again only where they have given their free and informed consent to such attendance,
   4. allowed to explain at that trial, if they choose to attend it, how they have been (or could have imminently been) harmed by the acts constituting the crime which that suspect has been charged with committing, provided that said explanation is not so long or scheduled so far into the future that it prevents that suspect from swiftly being sentenced or exonerated as appropriate,
   5. protected from having their privacy violated by that suspect (such as by that suspect being prevented from learning about that victim's current place of residence or from talking to that victim without that victim's free and informed consent),
   6. entitled to compensation, including financial compensation, stemming from the crime-related harms they have (or could have imminently) incurred from that suspect, where that suspect has in fact been convicted of that crime, and
   7. told about all of the provisions of this resolution by their member state as soon as possible, and
3. clarifies that a person is not a suspect in relation to any given crime if they have been investigated but not charged with that crime, or otherwise charged with but not subsequently convicted of actually committing that crime.

[Separatist Peoples]

"Section iv ensures that juries are bombarded with emotive supposition rather than evidence. What-is are inappropriate in a criminal trial. Section v makes it impossible for prosecution or defense to raise the victim's address as a material fact in the case, which may be dispositive in, say, a burglary case. Section vi makes civil immunity as a condition for a plea deal impossible, which does not serve the interests of justice. As usual, this has been splattered against a wall with little consideration for the practical needs of trial. Opposed."

[Imperium Anglorum]

"Section iv ensures that juries are bombarded with emotive supposition rather than evidence. What-is are inappropriate in a criminal trial. Section v makes it impossible for prosecution or defense to raise the victim's address as a material fact in the case, which may be dispositive in, say, a burglary case. Section vi makes civil immunity as a condition for a plea deal impossible, which does not serve the interests of justice. As usual, this has been splattered against a wall with little consideration for the practical needs of trial. Opposed."

Elsie Mortimer Wellesley. We concur in the assessment.

[Tinhampton]

Bump. Given the concerns surrounding Crime Victims' Rights Act, I no longer say that someone "who is not a suspect themselves in relation to that particular crime" cannot be a victim under Article a(ii), but no longer consider as victims those who could have been imminently harmed due to a crime. The definition of a suspect and the old Article e have been removed; I found them superfluous.

The old Article b(iv) has been tentatively canned. The old Article b(v) - now Article c - has been rewritten to target/prevent that doxxing which occurs in the suspect's favour in particular. The old b(vi) has been moved to the new Article b, so that the victim can now make an informed decision about whether or not they desire compensation rather than "civil immunity... for a plea deal" (quote Sep's).

[Fachumonn]

Support in principle but most definitely needs some work.

[Tinhampton]

Support in principle but most definitely needs some work.

What kind of work?

[Fachumonn]

Support in principle but most definitely needs some work.

What kind of work?

I don't have time to re-read it again now, but no proposal ever has been perfect off the bat or with a few edits.

[Tinhampton]

What kind of work?

I don't have time to re-read it again now, but no proposal ever has been perfect off the bat or with a few edits.

This proposal has undergone substantial editing since I last thought about it ten months ago.

[Tinhampton]

Speed bump

[Tinhampton]

Montenegro: Any other takers?

[The Orwell Society]

I have a few pieces of feedback for you.

• Clause a just reads weird... I'd reccomend you use the actual words instead of just shortening them down to a single letter.
• Section two of clause b might need some buffing... as it is a severe pain in the ass to have the victim informed of everytime the criminal departs his or her house. Any location is a bit broad.

Anyhow, I give my support.

[Tinhampton]

Clause a just reads weird... I'd reccomend you use the actual words instead of just shortening them down to a single letter.

My brain hurt when I tried to not do that!

Section two of clause b might need some buffing... as it is a severe pain in the ass to have the victim informed of everytime the criminal departs his or her house. Any location is a bit broad.

I say any location "where they may be detained for committing that crime against them," not literally anywhere they may go. House arrest could touch on this; perhaps I should amend b(ii) to describe "any situation, including imprisonment, where...". (I will make this change the next time I revise the draft, should nobody else have any thoughts.)

[Chipoli]

Support in principle.

[Daarwyrth]

Princess Madelyne Zylkoven, WA Representative of Daarwyrth: "Our delegation will support this resolution proposal when it comes to a vote. However, my dear friend and Vice-Representative Emilyus Golte would like to make a small remark."

Emilyus Golte, Vice-Representative of Daarwyrth: "Thank you, Your Highness. The remark I'd like to offer the delegation from Tinhampton is based upon a procedure and legal tradition that has been known across the Royal State for decades. If I am not mistaken, this practice is also commonplace elsewhere, yet it entails a crime victim's right to speak during the trial and address the perpetrator of the crime. I would like to suggest that this be included as a right of the crime victim during every trial, should the crime victim or their next of kin wish to make use of such. I believe it would be a valuable right for a crime victim to hold and be guaranteed."

Zylkoven: "I heartily agree with the suggestion made by my Vice-Representative."

[Tinhampton]

Montenegro: After talking to the princess for about four-and-a-half minutes, Article b(iv) has returned. My apologies to Ambassador Bell, who railed against this clause at its onset.

[Daarwyrth]

Montenegro: After talking to the princess for about four-and-a-half minutes, Article b(iv) has returned. My apologies to Ambassador Bell, who railed against this clause at its onset.

Zylkoven: "Our delegation applauds the return of Article b(iv), and I would like to add my reasoning for it in written form:

"I believe it is the responsibility of a court to also hear out the crime victim, to give the crime victim the opportunity to look their perpetrator in the eye and confront them with the harm they have inflicted upon them. Crime victims often are stripped of any role within a criminal proceeding, and are treated as if they ought to not feel a thing, or experience no emotional trauma as a result of it. I am of the opinion that is a disgrace towards the crime victim, which is why the legal tradition has existed in Daarwyrth for many decades. Every court should give the crime victim - if they want such - a couple of minutes of their time to hear out what the crime victim has experienced and how they are impacted by the crime. Because the scope of the crime needs to be viewed from all sides, not merely the purely factual and legal side, but also the emotional side that a crime victim experiences."

[Tinhampton]

Montenegro: I plan to submit this in a week or two, absent substantial feedback.

[Heidgaudr]

"We have significant concerns with several parts of the proposal." Trelstad looks down at his copy of the proposal, with large sections highlighted in different colors. "First, Article b(ii) ... We find it odd that a victim should be entitled to knowing the location of the accused during the course of the prosecution as well as after sentencing. We also fear it could lead to vigilantism and retributive *ahem* 'justice' which should have no part in a fair justice system."

"We also echo the past sentiments of both the C.D.S.P and Imperium Anglorum delegations regarding Article b(iv). Criminal cases are matters between the state and the accused - not the victim and the accused. It should be left up to the state to decide how to pursue prosecution."

"And finally we're concerned that Article c potentially violates habeas corpus for the accused. We believe that the accused should know what they are being charged with, and knowing who the victim is sometimes necessary. It should be left to the state to determine how to properly inform the accused of the crimes they are being charged with."

[Tinhampton]

Montenegro: Article b(ii) requires that victims be informed of whether the suspect has been released from prison, not necessarily the precise location of that suspect at that moment. Article b(iv) has no bearing on whether or not any member state should have authority to prosecute any suspect for any crime. Your concerns about Article c may be well-founded - but, for instance, it is neither necessary or sufficient for a suspect to know that he has raped Jane Bloggs in order to know that he is currently being held on suspicion of rape.

[Heavens Reach]

Support in principle, but definitely not a fan of the one-letter substitution formatting choice for readability

[Tinhampton]

I have always formatted my clauses as "a-b-c-d" rather than "1-2-3-4". This is primarily to make referencing parts of the resolutions easier or quicker ("GA#559(b) bans conversion therapy in all member states," as opposed to - say - "Article 2 of GA#559...").

[Heavens Reach]

I have always formatted my clauses as "a-b-c-d" rather than "1-2-3-4". This is primarily to make referencing parts of the resolutions easier or quicker ("GA#559(b) bans conversion therapy in all member states," as opposed to - say - "Article 2 of GA#559...").

We appreciate that that's how you've always done it, but we're not a fan. It's not going to be the fly in the ointment as far as supporting it, but that's still our formatting feedback

[Tinhampton]

I will submit this a bit more than three weeks from now, absent further comment.

[Chipoli]

(OOC)

"informed about the progress and verdict of that person's trial...
Informed about that person's temporary or permanent release from any location, including prison, where they may be detained for committing that crime against them..."

What if they are not interested in any of these developments?

"entitled to seek compensation for the harms they have suffered because of that person's crime against them (or to waive their right to seek it in order to facilitate a plea bargain for that crime), where that person has been convicted of that crime"

How will the victim receive money if the accused/criminal cannot pay? Who's gonna pay?