At Vote: Fair Criminal Trial

Great Bights Mum

Great Bights Mum

Grande Dame
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The following resolution is currently up for vote. Please debate away.

Fair Criminal Trial
A resolution to improve worldwide human and civil rights.


Category: Human Rights
Strength: Significant
Proposed by: The Narnian Council

Description: ACKNOWLEDGING that justice, free of corruption and prejudice, is a crucial factor in the wellbeing of society,

CONVINCED that an agreement upon basic legal rights will furthermore enhance synchronization in international trade, business and tourism,

ENACTS clear-cut legal standards of fairness and impartiality of trial.

PRE-TRIAL RIGHTS
1. The arrested shall have the right to be visited by and to correspond with persons of their choice, if that person in question consents, and shall be given adequate opportunity to communicate with the outside world - subject to reasonable conditions and restrictions as specified by law or lawful regulations.
2. In the knowledge of the importance of impartiality in Pre-Trial procedures, those responsible for the detainment of the arrested must provide sanitary conditions and basic living needs for the arrested.
i) ‘Basic living needs’ includes, but is not limited to, access to toilets/showers, and enough food, water, shelter and rest to keep the arrested in their normal healthy state.
3. The arrested has the right to know the reason of the arrest, with or without charges, within twenty-four hours of being arrested.
4. All persons are entitled to call upon the assistance of a lawyer, not already involved in the current trial proceedings, of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings.
i) If the arrested lacks readily available finances/assets to afford legal assistance, it becomes the government’s liability to ensure that the arrested acquires a reasonably adequate defense counsel, before the trial commences - as provided by, but not limited to, government funding or a charitable organization.

THE HEARING
1. The accused must be granted, without discrimination, the right of equal access to a court.
2. The accused has the right to a trial without undue delay.
i) ‘Undue delay’ may occur between the time the accused is arrested, and the time when the judgment is passed – and may be caused by any negligence on the part of the prosecutor(s)/defendant(s) in the gathering of evidence, on the part of the government and/or on the part of the court in administering the case. The assessment of which will depend upon the circumstances of the case, which includes, but is not limited to, the case’s complexity, and the conduct of the accused and/or the authorities.
3. The accused has the right to a fair and impartial hearing.
4. The accused has the right to a public hearing.
5. The accused has the right to a competent and impartial tribunal that exercises both procedural and adjudicatorial fairness.
6. The accused has the right to adequate time, that is, enough time to have access to evidence according to the complexity of the case, and adequate facilities, that is, the accused and defense counsel must be granted appropriate information, files and documents necessary for the preparation of a defense and that the defendant must be provided with facilities enabling communication, in confidentiality, with the defense counsel.
7. The accused has the right to defend oneself in person or through legal counsel.
8. The accused has the right to have a witness examined by legal counsel on their behalf, if the witness consents.
9. The accused has the right to understand the proceedings and to be understood through means of an interpreter translating in their native form of communication.
10. The accused may waive any of the above rights.

Votes For: 3,646

Votes Against: 1,071

[Delegate Votes]

Voting Ends: Sun Jun 22 2008
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While the Resolution is not without possible impact to some existing judicial practices, it avoids upholding a single set of laws or morals and instead focuses on a basic concept of fair treatment for an accused person. As the vast bulk of a WA Nation's judicial system is still firmly within its own grasp, I do not feel that the potential alterations are too high a cost.

The Nomadic Peoples of Eloheim vote FOR this Resolution.
 
8. The accused has the right to have a witness examined by legal counsel on their behalf, if the witness consents.
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Just to clarify; What if, the witness doesn't consents. ???
 
Atrigea:
8. The accused has the right to have a witness examined by legal counsel on their behalf, if the witness consents.
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Just to clarify; What if, the witness doesn't consents. ???
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As it reads, the witness will be examined by legal counsel if they (the witness) consents. If the witness does not consent then they will not be examined. A Nation is still free to pass legislation where witnesses could be REQUIRED to submit to examination by legal counsel.
 
Eluvatar:
Thanks mum for posting this.

/* Darned furniture having to be moved >_> */
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Haha I wondered where you had been for two days. :D

Krowe you're quite right - actually I just posted in the WA forums explaining the same thing. That clause was a casualty of extensive drafting and isn't worded in the most effective manner - but it in no way prevents the government from requiring an examination of the witness.
 
OK, who is actually Delegate? The Forum says one person, the RMB says another.
 
I am afraid am not satisfied with the answers to " witness consent " issue. It seems "NOT FAIR" in this way... It restrains the right of, accused's legal counsel to examine a wittness, as its written.

In means of implementing local laws, "may be" doesn't prevents but neither guarantees the right. Also, If a government would find a solution to this issue by its own legislation why need that resolution at all.? Most of the nations already have their fair trial laws and court systems existing and effectively working.


AGAINST
 
The question is, how can you force anyone to testify across national boundaries?

Also, where is the accused's right to not be compelled to offer evidence against himself?

It's also a concern that this resolution would eliminate the need for extradition from one jurisdiction to another, and hence weaken nation sovereignty and subject one's citizens to become subject to another nation's legal system which could subject citizens of one nation to the possible lack of due process in another nation.
 
Atrigea:
In means of implementing local laws, "may be" doesn't prevents but neither guarantees the right. Also, If a government would find a solution to this issue by its own legislation why need that resolution at all.?
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Clause 8 automates the witness's right to consent - so it keeps those nations that support this happy. However, it also provides an easy way around for those who, quite understandably, don't want to give witnesses the right. Thats what flexibility is about.

Romanoffia:
The question is, how can you force anyone to testify across national boundaries?
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Hmm I'm not sure I understand the question's intent - are you in disagreement with the fact that witnesses can testify against the accused whilst in a different country?

Romanoffia:
Also, where is the accused's right to not be compelled to offer evidence against himself?
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The clause that addressed self-incrimination was omitted upon Quod's advice - it was decided that this issue and due process were far more deserving of their own resolutions.

Romanoffia:
It's also a concern that this resolution would eliminate the need for extradition
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A valid point - but this resolution doesn't prevent governments from passing legislation that requires criminals be tried in the nation where they committed the crime. So your citizens will be safe. As far as the WA goes - there's going to be plenty more proposals on trials coming (i.e. self-incrimination/habeas corpus/no punishment without law) - and this is something that'll certainly get worked on too.
 
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