[GA - PASSED] Repeal: "Rights Of Crime Victims"

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Greater Cesnica

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Repeal: "Rights Of Crime Victims"
Category: Repeal | GA #247
Proposed by: Morover | Onsite Topic
Replacement: None​

General Assembly Resolution #247 “Rights of Crime Victims” (Category: Civil Rights; Strength: Significant) shall be struck out and rendered null and void.

The World Assembly,

Believing in the intent behind Resolution 247, “Rights of Crime Victims”, in protecting the victims of crimes from the accused perpetrators, and in securing various rights that victims necessarily should have,

Concerned that several flaws present in Resolution 247 may render it doing a net harm to society and government in member-nations, notably:
  1. Ambiguities in clause one that lead to a not-unreasonable interpretation that crime victims must be updated on critical stages of prosecution, regardless of their actual desire to know of the ongoings, which may lead to further trauma or harm to their psyche,
  2. The failure of the definition of “the accused”, resulting in all clauses regarding the accused to apply to acquitted individuals, due to the phrasing of the clause possibly meaning “any person who has been charged in the past with a crime”,
  3. The failure of the resolution to connect “the accused” with the “crime victim” explicitly, possibly allowing any person considered a crime victim to be afforded all the rights in the resolution against any person considered to be the accused, even if the cases are wholly unrelated,
  4. Not inherently allowing the immediate family of a crime victim to be afforded the rights as listed under Resolution 247 if death or incapacitation falls upon the crime victim, but is unrelated to the crime in question, which may lead to awkward, unfortunate, or otherwise harmful situations to the families of incapacitated crime victims,
Certain that while a resolution can be written in order to further protections of victims, Resolution 247 fails to uphold a standard ensuring a fair trial to all, as well as having notable ambiguities that make the proposal ineffective in tempering malicious or otherwise incompetent nations,

Hopeful that most reasonable member-nations will impose rights similar to those intended to be applied by the target, and unfortunately knowing that due to subpar writing, unreasonable or malevolent nations can find holes to bypass the intent of the resolution and further their own agenda regardless of this legislation on the topic,

Hereby repeals Resolution 247, “Rights of Crime Victims”.
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Note: Only votes from TNP WA nations and NPA personnel will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!

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IFV
Overview
This proposal seeks to repeal GAR#247 "Rights of Crime Victims". To explain why the resolution ought to be repealed, the author identifies a number of issues with the target resolution: ambiguity in section 1, flaws in definitions for 'the accused' and 'crime victim', poor handling of homicide cases, and detrimental consequences to due process and fair trials. A few claims in the repeal are not entirely clear or fully impacted; that said, many of the issues with the target are well known.

Recommendation
The target's largest issue is that its definition of 'the accused' still includes people accused but later acquitted. This, by the plain meaning of the resolution, forces member nations to maintain certain disabilities on people even after they are found not guilty. Moreover, the target's provisions related to victim statements could have a substantial prejudicial effect on defendants, perverting the course of justice with emotional statements unrelated to actual culpability and the law. Member nations should take due process and defendant rights seriously.

The Ministry of World Assembly Affairs recommends a vote For the General Assembly Resolution at vote, "Repeal: 'Rights of Crime Victims'".
Our Voting Recommendation Dispatch--Please Upvote!
 
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Writing repeals is sort of like ice fishing to some extent. All about poking holes and being effective then at grabbing the bait. Well constructed repeals manage that easily, like this one. For [Non-WA].
 
This proposal has received the requisite approvals to enter the formal queue. Barring it being withdrawn or marked illegal, it will proceed to the floor for a vote in one hour, fifty-seven minutes at Major Update.
 
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