Sign in to follow this  
Wyvern

[Defeated] Repeal "Preventing the Execution of Innocents"

Recommended Posts

Seeing as this proposal is a Repeal, and proposes a well reasoned and detailed argument, I would suggest a vote of FOR for this proposal.

Repeal: “Preventing The Execution Of Innocents”

A resolution to repeal previously passed legislation.

Category: Repeal

Resolution: GA#443

Proposed by: auralia__218286t2.jpgAuralia

General Assembly Resolution #443 “Preventing the Execution of Innocents”(Category: Civil Rights; Strength: Mild) shall be struck out and rendered null and void.

Affirming that member states should take all reasonable steps to avoid executing an innocent person;

Regretting that GAR #443, "Preventing the Execution of Innocents", sought to accomplish this goal by establishing an international judicial mechanism for reviewing capital convictions (herein referred to as the "Division") that is grossly unfair, absurdly complex, full of ambiguities, and seems designed to ban capital punishment in all but name;

Criticizing the target resolution in particular for:

 

  1. demonstrating a fundamental lack of respect for the judicial systems of member states by subjecting every capital case to invasive World Assembly oversight, even when there is zero evidence of negilgence or malpractice,

     

  2. engaging in unjust discrimination on the basis of member state population by requiring member states to submit "no more than than one capital case per million inhabitants per year" to the Division, rendering it difficult or impossible for smaller nations of fewer than one million people to use capital punishment,

     

  3. contributing to violations of the basic principles of justice by forcing member states to treat similarly situated convicts differently with respect to their eligibility for capital punishment, depending on whether the member state happened to exceed the aforementioned quota,

     

  4. blocking valid limits to discovery, such as personally identifying information that is not material to the case, by requiring that the defense be provided with "all evidence collected in the process of investigation" without exception,

     

  5. blocking valid limits to the admission of evidence, such as proof of fabrication, by requiring member states to "prohibit evidentiary barriers from barring the defence admission of evidence" without exception,

     

  6. requiring member states to meet the effectively impossible standard of proving that "there could not arise evidence (foreseeable at the time of trial) that would cast doubt on the guilt of the defendant" rather than the more common standard of proving guilt beyond reasonable doubt,

     

  7. creating needless delay by requiring an additional post-sentencing discovery period of six months each by the Division and the defense, and by arbitrarily requiring these periods to occur serially rather than concurrently,

     

  8. arbitrarily prohibiting the execution of those who have brutally tortured and killed only one person as opposed to several,

     

  9. arbitrarily prohibiting member states from extraditing individuals to other member states with capital punishment if said individuals are likely to be charged with capital offenses, even if said member states agree to abide by the protections of the target resolution,

     

  10. seemingly permitting a defendant to avoid capital punishment by simply not "exhaust[ing] all available appeals", and

     

  11. arbitrarily expiring Division certification after only one year even if there have been no material changes to the case record, and providing no clear mechanism for certification to be renewed;

Supporting the passage of true and lasting compromise legislation on the issue of capital punishment;

The General Assembly,

Repeals GAR #443, "Preventing the Execution of Innocents".

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this