NationStates Jolt Archive


Anti-Death Penalty Act (DRAFT DISCUSSION CONTINUED)

Rannatia
14-03-2006, 18:16
Thanks to all for your help. Keep it coming. Anyway, Im posting a redraft of the proposal here, so you can refer to that one. See what you think:

REAFFIRIMNG conjunctionally Articles 3 and 5 of the Universal Declaration of Human Rights, that all persons have a right to life, liberty and security of person, and that no persons shall subsequently be subjected to any form of cruel or unusual punishment.

EXPRESSING concern for infractions of the above Articles in member nations of this organization through actions which may include the punishment of criminals through the death penalty.

CALLING for action against such infractions to these fundamental human rights, which undoubtedly extend to convicted individuals which face such punishment.

Therefore, this proposal:

REQUIRES the immediate reconsideration of death penalties delivered to convicted individuals in all member nations prior to this resolution, and (*)

DEMANDS for the complete replacement of the death penalty system with another system of disciplinary reaction (such as life in prison), and

STRONGLY ENCOURAGES (in compliance with UNR #41) other nations to decrease entirely or in the uttermost possible amount, cruel and unusual punishment.

(*): Exceptions may stand during times of war, disaster or emergency circumstances. See following article quoted by Tzorsland:

2265. Legitimate defense can be not only a right but a grave duty for one who is responsible for the lives of others. The defense of the common good requires that an unjust aggressor be rendered unable to cause harm. For this reason, those who legitimately hold authority also have the right to use arms to repel aggressors against the civil community entrusted to their responsibility.

2266. The efforts of the state to curb the spread of behavior harmful to people's rights and to the basic rules of civil society correspond to the requirement of safeguarding the common good. Legitimate public authority has the right and the duty to inflict punishment proportionate to the gravity of the offense. Punishment has the primary aim of redressing the disorder introduced by the offense. When it is willingly accepted by the guilty party, it assumes the value of expiation. Punishment then, in addition to defending public order and protecting people's safety, has a medicinal purpose: As far as possible, it must contribute to the correction of the guilty party.

2267. Assuming that the guilty party's identity and responsibility have been fully determined, the traditional teaching of the Church does not exclude recourse to the death penalty, if this is the only possible way of effectively defending human lives against the unjust aggressor.

If, however, non-lethal means are sufficient to defend and protect people's safety from the aggressor, authority will limit itself to such means, as these are more in keeping with the concrete conditions of the common good and more in conformity with the dignity of the human person.

Today, in fact, as a consequence of the possibilities which the state has for effectively preventing crime, by rendering one who has committed an offense incapable of doing harm -- without definitively taking away from him the possibility of redeeming himself -- the cases in which the execution of the offender is an abolute necessity "are very rare, if not practically non-existent."
Cluichstan
14-03-2006, 18:21
No.
Wyldtree
14-03-2006, 18:31
We will oppose this. Wyldtree has no wish to replace/eliminate it's death penalty.
Gruenberg
14-03-2006, 18:51
The Universal Declaration of Human Rights is a RL reference, so fortunately this proposal is currently illegal.
Safalra
14-03-2006, 18:54
The Universal Declaration of Human Rights is a RL reference, so fortunately this proposal is currently illegal.
I'm sure we pointed out in the last thread that the NSUN version was called The Universal Bill Of Rights...
St Edmund
14-03-2006, 20:24
No.
Windurst1
15-03-2006, 02:24
no way no how. nope nope nope. Where is the go away troll choice here?
Tiamanda
15-03-2006, 02:39
I am not voting for this
Forgottenlands
15-03-2006, 03:35
Without reading, it's generally considered appropriate to keep your drafts on the same thread - just edit the first post with the newest draft.
Zeldon 6229 Nodlez
15-03-2006, 06:11
Nix nein hell no...
Flibbleites
15-03-2006, 18:08
The Rogue Nation of Flibbleites will not support any proposal dealing with the death penalty in any way, shape or form, as we believe that this is a decision best left to the individual nations to decide.

Bob Flibble
UN Representative
Zeldon 6229 Nodlez
16-03-2006, 09:42
REQUIRES the immediate reconsideration of death penalties delivered to convicted individuals in all member nations prior to this resolution, and (*)

DEMANDS for the complete replacement of the death penalty system with another system of disciplinary reaction (such as life in prison), and."


Since we sentence then hang them inside 24 hours we have no criminals to reconsider. As for the life in prison sentence.. They will probably wish they were dead rather than spend even a year in our prisons. As we don't send them to our prison island to get a suntan and rest... for even a day there.

We have had a program to send them into deep space but so far have not perfected that yet. As the space craft keep crashing into our sun...
Tekania
16-03-2006, 15:23
REAFFIRIMNG conjunctionally Articles 3 and 5 of the Universal Declaration of Human Rights, that all persons have a right to life, liberty and security of person, and that no persons shall subsequently be subjected to any form of cruel or unusual punishment.

The what? What is the "Universal Declaration of Human Rights"?

What ever it is, it has never crossed the assembly of these United Nations for vote, and it also has never been seen by this Republic.... Thus, no matter what it is, it is a pointless appeal to something with no legal standing before us.
Snow Eaters
16-03-2006, 21:16
If all persons have the right to life, liberty and security of person...

And if the Death Penalty is denied on the grounds that it trepasses on the right to life of the convicted...

Then how can life in prison be a possible replacement as it clearly trepasses on their right to liberty?
Rannatia
17-03-2006, 03:25
Ok guys, my fault...the problem has been fixed. I changed the name from the "Universal Declaration of Human Rights" to the "Universal Bill of Rights".
Sorry about that.

(gosh, you all are so critical...)

Rannatia

PS: keep it comin'
Cluichstan
17-03-2006, 03:38
PS: keep it comin'

Oh, believe me, we will.
Zeldon 6229 Nodlez
17-03-2006, 04:03
If all persons have the right to life, liberty and security of person...
And if the Death Penalty is denied on the grounds that it trepasses on the right to life of the convicted...
Then how can life in prison be a possible replacement as it clearly trepasses on their right to liberty?


The key word here that all seem to forget is 'CONVICTED' as once a person is convicted of murder or any crime deemed to deserve a death sentence then they have done something that took LIFE and LIBERTY from another person who can't stand up and speak for themselves ever again.

Thus we take the dead victum and make those that depended on him/her victums again by supporting the person who killed their loved one. Possibly this VICTUM was their main means of support to stay ALIVE and enjoy certain LIBERTIES that they now can't because they have lost the one who provided for them and now have to struggle to survive while also paying to support this criminal that took their main means of support..

Criminals once tried and CONVICTED have no rights if they commit any crime that takes those rights from another person. LIFE and LIBERTY being among them as you take it from one you yourself will lose it...

A good rope and tall tree will solve the issue...
Tekania
17-03-2006, 15:28
The key word here that all seem to forget is 'CONVICTED' as once a person is convicted of murder or any crime deemed to deserve a death sentence then they have done something that took LIFE and LIBERTY from another person who can't stand up and speak for themselves ever again.

Thus we take the dead victum and make those that depended on him/her victums again by supporting the person who killed their loved one. Possibly this VICTUM was their main means of support to stay ALIVE and enjoy certain LIBERTIES that they now can't because they have lost the one who provided for them and now have to struggle to survive while also paying to support this criminal that took their main means of support..

Criminals once tried and CONVICTED have no rights if they commit any crime that takes those rights from another person. LIFE and LIBERTY being among them as you take it from one you yourself will lose it...

A good rope and tall tree will solve the issue...

I think the larger problem is that most states which oppose the death penalty consider life a tantamount right enjoyed in absolute by their populace; however consider liberty and the persuit of happiness as optional rights.

I have never been conscerned with the relativity and absurdity of what is professed as the concept of "moral high ground" to which many states would appeal to. This Republic is only concerned, in matter of law, with equity and justice. Any act performed by a person to revoke the right(s) of another person in this state are met with the greater society acting to revoke the same right(s) of the one who revoked those right(s) of another, whether this be their right to persuit of happiness, their right to liberty, or even their right to life. All three stand and fall together, one is not greater than another in our concept of these things in matters of law.