Compassion. Objectivity. Efficiency.

Crushing Our Enemies

Crushing Our Enemies

TNPer
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COE#7110
Constitution Over Empathy

Criminals: Obey Edicts

Comply Or Else

Compassion. Objectivity. Efficiency.
Crushing Our Enemies is running for Attorney General​

It took me a few tries to get a motto that conveyed the message I wanted. I think I've got it right this time.
"But COE, you are on record stating that you think the AG's office should be abolished."

Weird, right?! In seriousness, AG is the only elected position where you can do nothing for four months and no one will notice anything amiss. I do think there are better ways to conduct criminal justice and constitutional disambiguation than having someone elected for that purpose. For instance, a prosecutor could simply be appointed by the court or the delegate whenever charges are brought. The restrictions on who can bring requests for review in various situations could be relaxed. I think it is easy to eliminate the need for an elected AG. That being said, under our current system, a compassionate, objective, efficient Attorney General is vitally necessary.

Currently, someone can only bring a request for review when they have been personally affected. Because of that, there are innumerable situations wherein the AG must bring an issue before the Court in order for a decision to be rendered. This includes any government action or policy that may break the law or violate the constitution, but affects no particular person. In these cases, the Attorney General is the bulwark against impersonal violations of our fundamental rights. This also includes any situation where the affected party may be unwilling or unable to bring a request, such as when they have no forum account, or don't understand the process of court review. Even though they may be the only one affected in that case, the precedent set by allowing the policy or action to go unquestioned may eventually affect many others. In these cases, the Attorney General must act on behalf of the potentially affected, who are legally restrained from bringing the question themselves.

The Attorney General is also the primary prosecutor of all criminal charges. Usually, if the AG declines to prosecute a case, it is dropped entirely. This puts the AG in the unique situation of being a gatekeeper of sorts, deciding which cases are worthy of prosecution and which are not. Their decisions have broad implications on what is considered serious criminal behavior, and what is dismissed as a benign legal misstep.

In light of the importance of the AG to our legal system, allow me to explain the values of my campaign:[ul][li]Compassion: Especially in the area of criminal prosecution, the AG must be mindful that most nations are simply here to have fun and enjoy NationStates, and having charges filed against someone does not automatically mean they are a villain. It is certainly possible for well-meaning nations to commit criminal acts that are worthy of prosecution, and genuinely malicious criminals do come along from time to time. The compassionate AG can discern these two situations from the ones where the best thing for everyone involved is to let it go.[li]Objectivity: It should go without saying that a good AG should be able to view a situation from all sides, whether it is a criminal trial or a request for review. By the same token, they cannot let their personal feelings interfere with their good sense. They must know when to step aside and allow a deputy to prosecute (or to allow their deputy the decision to decline prosecution).[li]Efficiency: If the AG takes too long to build a case against a rogue delegate, they may depart for good before charges can be brought. If a government action goes unchallenged for months before any legal question is brought against it, the court may decide that the question is no longer worth considering. Legal matters are timely things. When their time passes, interest in them fades, even if the importance of resolving them does not. For that reason, the AG should be deliberate in their decision-making - but once they make a decision, they must execute it efficiently.[/li][/ul]
If I am elected, I promise to center my work around these values and instill them in my deputies as well. If you agree with them, I humbly ask for your vote.
 
Although I'm deeply saddened that you're not running for Speaker, I think you are exactly what the Attorney General's office needs this term. You have my vote.
 
I very much appreciate the aspect of compassion, and think that that is a very important component of any justice system.
I do think there are better ways to conduct criminal justice and constitutional disambiguation than having someone elected for that purpose. For instance, a prosecutor could simply be appointed by the court or the delegate whenever charges are brought.
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From my experience in UCR's, I can resoundingly say that I do not believe this to be correct. We'd always have difficulty appointing a prosecutor in each case - there would be delays and biases involved. I have always thought having a permanent, elected official to fill this role is one of the many things that sets larger regions - TNP included - apart. The position brings with it a dignity and respect not seen in an appointed prosecutor, and an organized region would do well to keep the role.
 
Well, we could debate the political theory, but in the context of TNP, there haven't been very many criminal trials under the current constitution adopted in 2012. There have been 0 criminal trials in 2017 and 2018. Speaking practically, I think that if we're going to make something a core job responsibility of an elected official, it ought to be something that regularly needs attention from someone in the top levels of government.

You bring up two points with merit: one is that there are delays and biases involved in appointing a prosecutor. However, the larger and more organized the region is, the easier this process becomes. In TNP, I don't think it would present much difficulty. Your second point is that an elected official commands more respect and prestige. I think you are correct, but I'm not sure respect and prestige are necessary for a prosecutor's work, and could actually become a negative. A power imbalance in the courtroom between an elected prosecutor and a non-elected defender could unconsciously bias a court. I should hope that all justices would make their decisions based on the evidence presented - and if that is the case, certainly no prestige is required to arrive at the correct result.

This has been an interesting digression, but if you want to continue this, let's chat on discord, or start a thread in the RA. I admit I started this by putting that in the OP, but it's not super relevant to my campaign
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I very much like the comments about "standing". I have long thought they were far too restrictive in TNP.

I am not sure if you feel it appropriate to answer this, and I would quite understand if you do not so feel no obligation to answer, but if you were Attorney General would you have pursued charges against Eraver as the current AG has done?
 
It's a valid question, and one that I would ordinarily answer. However, since I am currently serving as a THO in that matter, it would be inappropriate for me to comment in this context.
 
You've proven yourself to be highly competent at any position you've turned your mind to - but why AG?

I agree with you that the Attorney General should be abolished. I don't see a need for it any longer. I see it mostly as a fairly boring and low-commitment position, unless something serious happens which is quite rare.

When will you run for Delegate?
 
[quote uid=1669 name="mcmasterdonia" ]You've proven yourself to be highly competent at any position you've turned your mind to - but why AG?[/quote]This one is easy: because Siwale thought I would be good at it. After thinking it over, I agreed. I think I can do some good there, and I have a clear vision for how to approach the office.

[quote uid=1669 name="mcmasterdonia" ]When will you run for Delegate? [/quote]Most likely never. There have been times that I considered it, but when I've examined what attracted me to the office during those times, I've found that it's mostly the satisfaction of being able to say that I was delegate, and the prestige that comes with that. I certainly don't think I would be the first to seek the office for those reasons, but nonetheless, they aren't good enough. Until or unless I felt that I had something of value to give the region by being delegate, and an articulate plan for each ministry, I will not be running for delegate.
 
This candidacy took me by surprise, bu I can see why it makes sense. I feel my thoughts largely echo McM's, but I think you have a good reason for not wanting to jump into a Delegate race. I think you have a lot of value to give to the region though, and I don't think it's out of the realm of possibility you will someday have the plans you feel you need to run for the office.

Having said all that, this is about a run for AG. Tell me your thoughts on civil cases. TNP famously doesn't have civil procedure, and is focused on criminal trials. Your idea for a variety of prosecutors is how I would imagine civil trials to be held. But how do you think those would, or should, work in TNP? I realize that the AG probably wouldn't deal with those anyway, but you've always had interesting thoughts on the law in this region.
 
[quote uid=2154 name="Crushing Our Enemies" ][quote uid=1669 name="mcmasterdonia" ]You've proven yourself to be highly competent at any position you've turned your mind to - but why AG?[/quote]This one is easy: because Siwale thought I would be good at it. After thinking it over, I agreed. I think I can do some good there, and I have a clear vision for how to approach the office.

[quote uid=1669 name="mcmasterdonia" ]When will you run for Delegate? [/quote]Most likely never. There have been times that I considered it, but when I've examined what attracted me to the office during those times, I've found that it's mostly the satisfaction of being able to say that I was delegate, and the prestige that comes with that. I certainly don't think I would be the first to seek the office for those reasons, but nonetheless, they aren't good enough. Until or unless I felt that I had something of value to give the region by being delegate, and an articulate plan for each ministry, I will not be running for delegate.[/quote]I certainly agree you'd be good as Attorney General. No question there.

Nevertheless, I hope to see you as Delegate one day when the time is right. I have no doubt that you could articulate a vision for each area of the government and I am sure there would be plenty of support should you decide to do so.
 
I have a question!

Given that the AG's responsibilities include prosecuting crimes, do you have any thoughts on how our criminal and penal codes could be improved? If you are elected, would you pursue possible amendments to those sections of the legal code, and if so, got any in particular in mind?
 
[quote uid=5577 name="Pallaith" ]Tell me your thoughts on civil cases. TNP famously doesn't have civil procedure, and is focused on criminal trials. Your idea for a variety of prosecutors is how I would imagine civil trials to be held. But how do you think those would, or should, work in TNP? I realize that the AG probably wouldn't deal with those anyway, but you've always had interesting thoughts on the law in this region.[/quote]I'm glad you asked. I believe I presided as moderating justice over the only civil trial in TNP history, so I think I'm in a unique position to answer. In my considered opinion, even under ideal conditions, civil trials are a waste of time and leave everyone unsatisfied.

See, civil complaints are filed because one party feels they have been injured by another and wants some sort of court-ordered remedy, even though no crime has been committed. In the context of NationStates, this usually amounts to a personal dispute. In the only civil case I'm aware of, the plaintiff alleged that the defendant damaged their reputation through untrue statements. The problem is that the only remedies that are appropriate in these situations (such as an apology, a retraction, or doing something nice for someone) are and ought to be outside the court's power to enforce. The opinion of the court is only binding on the government. The court can force government officials to change their policies, strike laws from the books, ban nations from the region, etc. As a private citizen, you have (and ought to have) the right to refuse to apologize to someone even when you are in the wrong. You have the freedom to do whatever you like, even if you ought to be doing something nice for someone you've treated poorly recently. To the extent that you don't have those rights and freedoms, it's usually because they run afoul of forum moderation and administration, which is outside the jurisdiction of the court anyway. In NationStates, I think it's best for these sorts of civil disputes to be settled privately, or by Flemingovia.

[quote uid=2308 name="SillyString" ]Given that the AG's responsibilities include prosecuting crimes, do you have any thoughts on how our criminal and penal codes could be improved? If you are elected, would you pursue possible amendments to those sections of the legal code, and if so, got any in particular in mind?[/quote]We're probably overdue to revamp the criminal and penal code (in fact, I think an overhaul has been drafted, but still needs some work and hasn't gotten much attention lately). Unfortunately, since criminal trials seldom come along, and convictions even more seldom, it's not really the top-of-mind issue for most citizen-legislators. I think the biggest needs for reform are probably these: [ol][li]Give the court more specific guidance on the sentencing for each crime (and especially Fraud);[li]Rephrase the definition of proxying to exclude benignly registering multiple forum accounts;[li]Withdraw from COPS so that we can come up with more sensible definitions for crashing, phishing, and spamming that are more consistent with the rest of our laws.[/li][/ol] If I find myself with time and energy to spare, I may, as a citizen-legislator, take up those tasks, but please don't consider that a campaign promise.
 
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