Death Penalty Guidelines
Desert Lands
16-09-2004, 18:32
To all UN Regional Delegates:
Currently up for approval is a proposal entitled "Death Penalty Guidelines." I believe you will find this proposal to be well-written and quite sound in its reasoning. This is certainly not the first time said proposal has been up for approval, but with your help we may get it to qeue this time. I am not the author of this proposal, but I have approved it each time it has been submitted. I hope you will do the same.
Sincerely,
Desert Lands
Texan Hotrodders
16-09-2004, 19:07
To all UN Regional Delegates:
Currently up for approval is a proposal entitled "Death Penalty Guidelines." I believe you will find this proposal to be well-written and quite sound in its reasoning. This is certainly not the first time said proposal has been up for approval, but with your help we may get it to qeue this time. I am not the author of this proposal, but I have approved it each time it has been submitted. I hope you will do the same.
Sincerely,
Desert Lands
Ah, here it is:
Death Penalty Guidelines
A resolution to improve worldwide human and civil rights.
Category: Human Rights
Strength: Significant
Proposed by: Xerxes855
Description: 1) The death penalty may only be considered when the defendant:
a) Has committed or conspired in an intentional, premeditated murder or a deliberate act against the victim causing a death that the defendant knew had a reasonable chance of seriously injuring or killing the victim. They must not have killed the person (or helped kill the person) on the spur of the moment or in self-defense.
b) Has the mental ability to understand the difference between right and wrong on an adult level and to understand the consequences for their actions, as determined by an independent medical practitioner or practitioners.
c) Did not commit the murder under the influence of a psychological disorder that impaired the judgment and/or reasoning of the murderer, as determined by an independent medical practitioner or practitioners.
d) Is above the legal age of adulthood in their home jurisdiction, and no younger than 18 years of age.
e) Was not forced to commit the murder by a 3rd party by way of force or severe threats.
2) If the death penalty is sought against the defendant, they shall have the right of a fair trial as mandated in the "Definition of 'Fair Trial'" act, except that there must be absolute proof as to the guilt of the defendant. Absolute proof must include physical proof that the defendant killed the victim. Circumstantial evidence alone will not be considered absolute proof.
3) If new evidence is discovered after trial that could potentially prove the defendant’s innocence; the defendant and/or their legal representatives must be permitted access to that evidence for investigation, and be allowed a hearing to decide if a new trial is needed. If the new evidence is determined to prove the defendant’s innocence, the conviction must be vacated.
4) When a convict is put to death, they shall have the right to:
a) A last meetings with family members.
b) A public statement no earlier than 24 hours before the execution. The convict shall also be permitted to make a private statement to the victim’s family in person, by video, by audio, or in writing, if the victim’s family agrees to it.
c) Be executed in a manner that is not painful or humiliating. Reasonable requests for religious reasons must be honored, with a court of law resolving any dispute as to what is considered reasonable. The condemned will have the right to a private execution if the condemned so wishes, in the presence of only those persons permitted by the condemned and up to three executioners and two government officials to oversee the process. No video, audio, or photos of such execution shall be released to the public. The victim’s immediate family will have the right to view live video and audio of the execution.
d) Have the body given over to the convict’s family after the execution, if the convict so wishes.
5) This body reserves the right of further action restricting or banning the death penalty.
Approvals: 34 (Xerxes855, Thine Hedge, The Gaza Strip, Boxtopia, The Playboy Mistress, Real Freedonia, Coolet, Tramuntana, Nireva, East Hackney, Park Slope-estan, Fenure, Endolantron, Wessoo, Sydia, Dag Yo, Fojiman, Shmeek, Cassildra, The Jannelandia, Workers Communes, Desert Lands, Joshkai, Saint Mere Eglise, Kiwipeso, Centralised Planning, Zithroland, Brotopia, Nomikia, Kasgor, Jovianica, Disassociated States, Igwanarno, Libruania)
Status: Lacking Support (requires 102 more approvals)
Voting Ends: Fri Sep 17 2004
OOC: It seems like a fairly well thought-out and reasonable proposal, however...
IC: I'm going to vote against this if it reaches quorum. For the usual reasons.
San Mabus
16-09-2004, 19:41
My country also supports capital punishment (including the death penalty) for sexual predation, child abuse and treason. Therefore I must object, in my usual manner (even for such a young nation), on the basis of sovereignty. This is another case of the UN telling my nation how to make its own laws.
Other exceptions to this rule might be for members of the military, who are subject to military tribunals in many nations. I would suggest a revision to allow member nations to determine the crimes which fit the death penalty, and limit the scope to the manner in which executions take place.
Firing squads are so much easier, by the way ;) .
Prince Mabus XVII, of the Principality of San Mabus, "The Other Monte Carlo"
In Sovick society....if you murder, rape, molest, or assassinate or attempt any such acts; you have a twenty-four hour trial....if found guilty....your shot in the head and thrown in a hole....And the authorities don’t care the age, if you did drugs, or are mentally unstable. "If you can pick up a gun and shoot someone, then you are eligible to be shot yourself...", stated Chief Justice Krevokov, head of security and defense in Lembrovka.
All other forms of crime that are found guilty, those people go to labor camps. Not fancy prisons with colored television and soft beds...I’m talking straw with bread and water and you WORK all the time.
Prisons in the Peoples Republic of Sovick are different from western prisons. They are kind of like work camps were the prisoners go out into the local community and under machine gun security do manual labor or whatever the community needs done.
Not much money from the Sovick government goes into prisons and camp facilities. Just enough to keep prisoners alive. But security teams are paid well; that’s where most of the money goes. And any security guard caught helping prisoners escape or do black market, is shot on sight.
If a prison revolts, like has happened in other nations, the Sovick authorities don’t try and negotiate. They simply go in guns blazing and silence the revolt. And after such a revolt, all those that participated are shot.
Kytro would likely vote in support of such a resolution if it were presented. Our society does not see the need to end peoples lives for actions they take unless there is no other alternative.
Whited Fields
17-09-2004, 05:19
To: All Concerned Nations
From: The PEWF
At this time, the PEWF and the NSSRC will not be supporting this proposal due to the following:
1. Personal disagreement with Clause 1, sub-sections B, C, and D.
2. Regional disagreement with Clause 1 in general, for reasons of sovereign rights.
Further information regarding the personal disagreement with Clause 1 can be seen and considered in the previous thread regarding this issue.
Death Penalty Guidelines (http://forums2.jolt.co.uk/showthread.php?t=348815)
IF clause 5 were removed, I would vote for it.
Firstly Clause 3 does not say what is to be done if this evidence only surfaces after the person has been put to death. Which is not beyond the realms of possibility.
Secondly my nation refuses to support any resolution that would lead to the death of any person. (Which I guess renders my first objection moot, since even if that is clarified I would still oppose this if it comes to a vote)
Thirdly a resolution/proposal that would lead to the death of a number of people has no business calling itself
A resolution to improve worldwide human and civil rights
but that is just my personal opinion :}