AT VOTE: Double Jeopardy Prohibition[Archived] [Complete]

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GENERAL ASSEMBLY RESOLUTION AT VOTE

Double Jeopardy Prohibition
A resolution to improve worldwide human and civil rights.


Category: Human Rights

Strength: Significant

Proposed by: Quelesh

Description: The World Assembly,

APPALLED by the practice of double jeopardy, or trying an individual more than once for the same alleged offense;

CONVINCED that freedom from this unjust practice is a cornerstone of any fair criminal justice system;

SEEKING to put an end to this injustice;

hereby MANDATES the following, subject to any limitations existing in prior international law:

1. Once an individual has been acquitted of a crime, member states shall not try that individual for the same alleged criminal act again.

2. Member states may vacate an individual's conviction of a crime and grant the individual a new trial for that crime. If the individual is again convicted of the crime, the new sentence shall not be more severe than the old sentence, and any conditions of the old sentence that have been met shall count toward the completion of the new sentence.

3. Member states may choose to not pursue a retrial of an individual whose conviction of a crime has been vacated in accordance with clause 2. In such cases, the individual's criminal sentence for the crime must be immediately terminated;

4. Once an individual has been convicted of a crime, member states shall not try that individual for the same alleged criminal act again without vacating the individual's conviction in accordance with clause 2.


Votes For: 5,412

Votes Against: 4,138

[Delegate Votes]

Voting Ends: in 1 day

Your Regional WA Delegate, Pasargad, has not voted on this resolution.

Zemnaya Svoboda: AGAINST
 
Zemnaya Svoboda opposes this because they believe the definition of double jeopardy in this resolution is too broad. It would consider an appeal remanding a case to a lower court for reexamination to be double jeopardy. That would be wrong.
 
I do not think that a region that allows double jeopardy, like ours (whatever the bill of rights says) ought to support this motion.
 
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.
 
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