Draft: Rule of Lenity[Archived] [Complete]

[New Rockport]

My country's World Assembly mission is working on a draft resolution that would codify the Rule of Lenity. I would like to get input from members of The North Pacific so that I can address your concerns before submitting the resolution for a vote. I appreciate any questions, comments, or suggestions that you might have. Here is the draft:

The Rule of Lenity
Category: Human Rights
Strength: Mild? Significant?

The World Assembly,
OPINING that laws, especially criminal laws, should be clearly stated;

RESOLVING that no person should be forced to guess, at the risk of his or her liberty, whether a criminal law applies to his or her conduct;

Hereby

DEFINES, for the purposes of this resolution, "criminal law" as any law which defines conduct for which a government may punish an individual;

DEFINES, for the purposes of this resolution "sentencing law" as any law which determines the punishment that may be imposed on an individual who has been found guilty of violating a criminal law;

REQUIRES legislatures to make sure that all statutes are stated in the clearest possible language and to avoid ambiguity to the greatest practical extent.

MANDATES that any reasonable ambiguity in a criminal law must be construed in favor of the defendant;

FURTHER MANDATES that any reasonable ambiguity in a sentencing law must be construed in favor of the defendant.

The General Assembly forum thread on this draft is here.

 

[Grosseschnauzer]

Topic moved to archival.

 

[r3naissanc3r]

Voting on this resolution has ended.

Thanks to those nations who cast their votes. Your participation is a great help to the region.

This topic has been locked and sent to the Archives for safekeeping. If you would like this topic to be re-opened for further discussion, please contact the WA Delegate, a Global Moderator, or an Administrator for assistance. Thank you.