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[DRAFT #2] Crime Victims' Rights Act

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Chipoli
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Moralistic Democracy

[DRAFT #2] Crime Victims' Rights Act

Postby Chipoli » Sat Jun 18, 2022 8:18 am

OOC: So I'm giving this a go again. The last proposal I wrote had a number of serious flaws and was also marked illegal. I believe this concept has a lot of potential and a resolution can probably be passed. I will appreciate any feedback provided below. If you are also interested in being a co-author, please let me know.
Category: Civil Rights Strength: Significant

The World Assembly,

Determined to give crime victims the justice they deserve, along with the respect, civility, and fair treatment that they merit;

Noting that the accused are innocent until proven guilty;

Assured that crime victims can play a vital role in the criminal justice system due to their potential ability as a witness and their ability to provide an understanding of the seriousness of the crime in question;

Acknowledging that a resolution (GA#247) regarding the rights of crime victims was previously passed but is no longer in effect;

Urging that the correct proceedings should be conducted in court to satisfy the rights of the crime victim without infringing the rights of the accused or any other parties;

Defines the following terms necessary for this proposal:

    A “crime victim” is a person who has been verified by a competent authority as defined in the local jurisdiction to have prima facie evidence of having demonstrably suffered physical, emotional, financial, or sexual harm due to an alleged criminal offense by another individual(s).

    “The accused” is a person that has been charged with committing a crime at some point against the victim in the case being prosecuted.

    A “court proceeding” is the process in which both parties present evidence in support of their claims, after which a trier of fact determines the factual issues in the trial.

    “The age of majority” is the age at which an individual will be legally considered an adult and subject to the full legal rights and responsibilities of an adult, such as attending and testifying in court.

    “Incompetent” is a term for a person who cannot testify or stand trial for reasons including but not limited to mental incapacity or physical disability.

Instructs all member nations to provide their crime victims with the following rights:

1. Rights to be protected from the accused, including but not limited to:

    a. The right to be tested for serious illnesses the crime victim may have been exposed to by the accused during the crime.

    b. The accused or any associates may not harass, stalk, harm, or threaten the victim.

    c. The accused may not contact the victim in any way without the presence of law enforcement unless the victim consents to the contact.

    d. The crime victim may request the court to give protective orders to limit the disclosure of the crime victim's personal information unless some of the victim's information is necessary to determine the outcome of the case, in which case only the necessary information would be revealed.

2. Crime victims have the right to be informed about the following:

    a. The victim has the right to be informed of their rights.

    b. Crime victims have the right to be notified of any court proceeding involving the crime or any release or escape of the accused.

3. Crime victims can exercise their rights through an attorney or themselves. If the crime victim is under the age of majority, incompetent, incapacitated, or deceased, the legal guardians of the crime victim, family members, or anyone else appointed as suitable by the court may assume the crime victim's rights.

4. If any property or assets have been stolen or destroyed, the crime victim has the right to seek restitution from the accused, if they are found guilty, for a price that doesn't bankrupt or put them into financial peril.

5. Crime victims have the right to be referred to services that support victims and have them tailored to their needs.

Encourages member nations to allow crime victims to exercise the rights stated in the name of civility and justice.
Last edited by Chipoli on Mon Jun 27, 2022 8:54 am, edited 5 times in total.

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Outer Sparta
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Democratic Socialists

Postby Outer Sparta » Mon Jun 20, 2022 6:52 am

Wasn't your last one marked illegal for plagiarism as well?
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Chipoli
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Moralistic Democracy

Postby Chipoli » Mon Jun 20, 2022 7:32 am

Outer Sparta wrote:Wasn't your last one marked illegal for plagiarism as well?

Yes, it was. This time I put everything in my own words of course even though the structure is still similar.

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Lile Ulie Islands
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Liberal Democratic Socialists

Postby Lile Ulie Islands » Mon Jun 20, 2022 5:44 pm

I remember this proposal. It got voted out when reached quorum, yes?
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Comfed
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Postby Comfed » Mon Jun 20, 2022 6:27 pm

Lile Ulie Islands wrote:I remember this proposal. It got voted out when reached quorum, yes?

No. The original proposal got to vote but was discarded for plagiarizing its definitions. I am happy to see that the new draft has the plagiarism removed.

Edit: Although you're right that even if it was legal it received a majority "against" vote.
Last edited by Comfed on Mon Jun 20, 2022 6:28 pm, edited 1 time in total.
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Lile Ulie Islands
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Postby Lile Ulie Islands » Mon Jun 20, 2022 6:50 pm

Comfed wrote:
Lile Ulie Islands wrote:I remember this proposal. It got voted out when reached quorum, yes?

No. The original proposal got to vote but was discarded for plagiarizing its definitions. I am happy to see that the new draft has the plagiarism removed.

Edit: Although you're right that even if it was legal it received a majority "against" vote.


So, the definitions were the direct ones from Google or another search engine/definition website?
Hi! This is the Lile Ulie Islands. We’re glad you read our post.

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President: Troy Cayetano
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Ambassador to the World Assembly: Nancy Kai

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Comfed
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Postby Comfed » Mon Jun 20, 2022 6:56 pm

Lile Ulie Islands wrote:
Comfed wrote:No. The original proposal got to vote but was discarded for plagiarizing its definitions. I am happy to see that the new draft has the plagiarism removed.

Edit: Although you're right that even if it was legal it received a majority "against" vote.


So, the definitions were the direct ones from Google or another search engine/definition website?

No, they were copied from a previous resolution which was repealed.
viewtopic.php?f=9&t=519297
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Chipoli
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Moralistic Democracy

Postby Chipoli » Thu Jun 23, 2022 9:42 am

Bump.

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Simone Republic
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Corporate Bordello

Postby Simone Republic » Sun Jun 26, 2022 11:20 pm

As mentioned on DIscord, I find it really hard to structure this one, given that it actually covers four separate topics:

1. physical harm, as in some kind of common assault/murder, or traffic accidents etc

2. emotional harm, this could include sexual harassment that is not physical (say on-line) but also PTSD, emotional abuse etc

3. financial harm, which (I am working to assume) is some kind of fraud, corruption, deception etc.

4. (unspoken as I noticed you've cut it out) is victims of sex crimes

I still think it would be easier to structure this if financial harm is separate - that topic involves things that have less emotional attachment and there is the possibility of regulatory redress (OOC: say the CFPB in the US, or FSCS in the UK) - otherwise the resolution gets too unwieldy. Yes I know that there is emotional attachment to a financial loss as well, but financial loss is easier to calculate (typically victims are made whole with some possibility of compensation of interest based on deposit rates or opportunity costs, etc.)

The sexual and physical harm part is the most emotional one and there are a number of issues such as whether the (alleged) victims is willing to (or should) confront the (alleged) perpetrator? Also there is an issue of what happens if the accused turns out to have been wrongfully accused - who is responsible for compensation here? (I am not distinguishing between cases where the accused brought it upon themselves, vs the victims deliberately perpetrating a lie - two separate issues here but it gets too complex)

(OOC: In the US, 36 states and Washington, DC, have laws on the books that offer compensation for exonerees, according to the Innocence Project. The federal standard to compensate those who are wrongfully convicted is a minimum of $50,000 per year of incarceration and sometimes the sum is higher for some states, and for those on death row).
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Tinhampton
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Postby Tinhampton » Mon Jun 27, 2022 12:42 am

Simone Republic wrote:...Also there is an issue of what happens if the accused turns out to have been wrongfully accused - who is responsible for compensation here? (I am not distinguishing between cases where the accused brought it upon themselves, vs the victims deliberately perpetrating a lie - two separate issues here but it gets too complex)

(OOC: In the US, 36 states and Washington, DC, have laws on the books that offer compensation for exonerees, according to the Innocence Project. The federal standard to compensate those who are wrongfully convicted is a minimum of $50,000 per year of incarceration and sometimes the sum is higher for some states, and for those on death row).

GA#108 "For the Wrongly Convicted" covers this already. :P
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Simone Republic
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Postby Simone Republic » Mon Jun 27, 2022 1:59 am

Tinhampton wrote:
Simone Republic wrote:...Also there is an issue of what happens if the accused turns out to have been wrongfully accused - who is responsible for compensation here? (I am not distinguishing between cases where the accused brought it upon themselves, vs the victims deliberately perpetrating a lie - two separate issues here but it gets too complex)

(OOC: In the US, 36 states and Washington, DC, have laws on the books that offer compensation for exonerees, according to the Innocence Project. The federal standard to compensate those who are wrongfully convicted is a minimum of $50,000 per year of incarceration and sometimes the sum is higher for some states, and for those on death row).

GA#108 "For the Wrongly Convicted" covers this already. :P


Thanks for pointing that out Tinhampton. For some reason I thought it was repealed when the original crime victims resolution was repealed.
Last edited by Simone Republic on Mon Jun 27, 2022 2:35 am, edited 2 times in total.
Please note for WA resolutions (excluding the Strangers' Bar) I answer as if IRL and OOC, I ignore the NS multi-verse. Please ignore my comments if they differ to your IC/RP arrangements.

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Chipoli
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Founded: Mar 16, 2022
Moralistic Democracy

Postby Chipoli » Mon Jun 27, 2022 8:53 am

Simone Republic wrote:As mentioned on DIscord, I find it really hard to structure this one, given that it actually covers four separate topics:

1. physical harm, as in some kind of common assault/murder, or traffic accidents etc

2. emotional harm, this could include sexual harassment that is not physical (say on-line) but also PTSD, emotional abuse etc

3. financial harm, which (I am working to assume) is some kind of fraud, corruption, deception etc.

4. (unspoken as I noticed you've cut it out) is victims of sex crimes

I still think it would be easier to structure this if financial harm is separate - that topic involves things that have less emotional attachment and there is the possibility of regulatory redress (OOC: say the CFPB in the US, or FSCS in the UK) - otherwise the resolution gets too unwieldy. Yes I know that there is emotional attachment to a financial loss as well, but financial loss is easier to calculate (typically victims are made whole with some possibility of compensation of interest based on deposit rates or opportunity costs, etc.)

The sexual and physical harm part is the most emotional one and there are a number of issues such as whether the (alleged) victims is willing to (or should) confront the (alleged) perpetrator? Also there is an issue of what happens if the accused turns out to have been wrongfully accused - who is responsible for compensation here? (I am not distinguishing between cases where the accused brought it upon themselves, vs the victims deliberately perpetrating a lie - two separate issues here but it gets too complex)

(OOC: In the US, 36 states and Washington, DC, have laws on the books that offer compensation for exonerees, according to the Innocence Project. The federal standard to compensate those who are wrongfully convicted is a minimum of $50,000 per year of incarceration and sometimes the sum is higher for some states, and for those on death row).


This resolution is mainly about protecting crime victim's rights, not about going detail into how they were harmed.

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Chipoli
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Founded: Mar 16, 2022
Moralistic Democracy

Postby Chipoli » Mon Jul 04, 2022 5:20 pm

Bump! I will start working on the resolution again. I would appreciate any criticism on writing, formatting, or tone. I'm also to ideas on what should be added to this resolution. I also want feedback on what makes this resolution well/poorly written. Let me know interested in co-authoring. Thanks!


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