[GA - DEFEATED] Rights For Crime Victims Act

Status
Not open for further replies.

Greater Cesnica

Resident
-
TNP Nation
Greater Nabeul
Discord
novemberstars#8888
ga.jpg

Rights For Crime Victims Act
Category: Civil Rights | Strength: Significant
Proposed by: Chipoli | Onsite Topic


The World Assembly,

Determined to give crime victims the justice they deserve, along with the respect, civility, and fair treatment that they merit;

Noting that the accused are innocent until proven guilty;

Assured that crime victims can play a vital role in the criminal justice system due to their potential ability as a witness and their ability to provide an understanding of the seriousness of the crime in question;

Acknowledging that legislation (GA#247) regarding the rights of crime victims was previously passed but is no longer in effect;

Urging that the correct proceedings should be conducted in court to satisfy the rights of the crime victim without infringing the rights of the accused or any other parties;

Defines the following terms necessary for this proposal:

  • A “crime victim” is a person who has been verified by a competent authority as defined in the local jurisdiction to have prima facie evidence of having demonstrably suffered physical, emotional, financial, or sexual harm due to an alleged criminal offense by another individual(s).

    “The accused” is a person who is charged with or being prosecuted for a crime against the victim.

    “The convicted” is a person who has been convicted of a crime after being accused of it.

    A “court proceeding” is any method of invoking the action of a court.

    “Incompetent” is a term for a person who cannot testify or stand trial for reasons including but not limited to mental incapacity or physical disability.

Instructs all member nations to provide their crime victims with the following rights:

1. Rights to be protected from the accused, including but not limited to:


  • a. The right to be tested for serious illnesses the victim may have been exposed to by the accused during the crime.

    b. Neither the accused nor any associates may harass, stalk, harm, or threaten the victim.

    c. The accused may not contact the victim in any way without the presence of law enforcement unless the victim freely consents to the contact.

    d. The crime victim may request the court to give protective orders to limit the disclosure of the victim's personal information unless some of the victim's information is necessary to determine the case's outcome, in which case only the essential information would be revealed.

2. Crime victims have the right to be informed about the following:


  • a. The victim has the right to be informed of their rights.

    b. Crime victims have the right to be notified of any court proceeding involving the crime or any release or escape of the convicted unless the victim decides otherwise.

3. Crime victims can exercise their rights through an attorney or themselves. If the crime victim is incompetent, incapacitated, or deceased, the legal guardians of the crime victim or anyone else appointed as suitable by the court may assume the crime victim's rights.

4. Crime victims have the right to seek compensation from the convicted for any damages suffered as a result of the crime.


  • a. If a judge finds that the convicted is unable to pay their compensation, they will be put on probation in order to be able to find a source of income to pay the compensation.

5. Crime victims have the right to be referred to services that support victims and have them tailored to their needs.
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!


ForAgainstAbstainPresent
81101
 
Last edited:
IFV

Overview

This resolution seeks to safeguard the rights of crime victims. Specifically, the resolution aims to protect the victim's right to medical treatment, personal privacy, as well as ability to seek out compensation from the convicted culprit(s).

Recommendation
While the resolution has good intentions, there are some flaws which affect the execution of the resolution. In particular, there are serious concerns over clause 4, given that it does not take into consideration the culprit's skillset, as well as their physical and mental state, when deciding that perpetrators of the crime should be placed in probation untill they are able to make the required compensation.

For the above reasons, the Ministry of World Assembly Affairs recommends a vote Against the General Assembly Resolution at vote, "Rights for Crime Victims Act".
 
Last edited by a moderator:
Against due to clause 4 - I can't seem to find it logical and realistic to expect the convicted to be able to pay for the damages done to the crime victim all the time; besides, it is sometimes difficult to measure "damages" especially if it is psychological.
 
Status
Not open for further replies.
Back
Top