NationStates Jolt Archive

Right of Appeal proposed resolution, feel free to comment/abuse.

Right of Appeal
------------------

The General Assembly recognises that:

- The right of appeal is an essential component of justice and due process;
- That no justice system is infallible;
- The right of appeal is essential to minimise the injustice caused by inevitable incorrect decisions of a justice system;

- From time to time, governments may seek to use the justice system in an unjust manner;
- From time to time, public opinion or conscience may arise due to current events or otherwise that results in an unjust decision being made;
- In particular circumstances, an unjust decision may be made as a result of people involved in or events surrounding the justice system at the time.

As a result, the General Assembly declares that all member states and their justice systems shall:

(1) Recognise the right of appeal on reasonable grounds for defendants in criminal cases;
(2) Not take any action nor confer any punishment on any defendant in a criminal case which directly eliminates or unnecessarily restricts that persons right of appeal or ability to appeal at any time in the future regarding that case.

---

Edit: Restrict wording to only criminal defendants.

A good start, at least. I'm sure there will be disagreement, but I think this is a good proposal. The first problem I see is this: if we make the right to appeal absolute, trial never ends -- I think there has to be a top court somewhere, be it national or international.

A good start, at least. I'm sure there will be disagreement, but I think this is a good proposal. The first problem I see is this: if we make the right to appeal absolute, trial never ends -- I think there has to be a top court somewhere, be it national or international.

I'm not sure if this is correct, but I'm fairly sure that under most democratic legal systems, the right of appeal is absolute, as in, if you appeal to the top court, and fail, you can still appeal again if there is reasonable cause, (like new evidence, for example), although, admittedly, this right is only reserved to defendants in criminal trials. I'll edit the proposal to read as such.