Repeal "Double Jeopardy Prohibition"

[Gulliver]

Category: Repeal
Proposal: GA#187
Proposed by: [nation]Mousebumples[/nation]

Description: WA General Assembly Resolution #187: Double Jeopardy Prohibition (Category: Human Rights; Strength: Significant) shall be struck out and rendered null and void.

Argument: The World Assembly:

APPLAUDS the aim of GAR #187, Double Jeopardy Prohibition, which was to ban the deplorable practice of Double Jeopardy within WA member states;

REGRETS that the resolution ultimately overstepped its intended purpose and made it much more difficult for WA member states to ensure that those individuals who have committed a crime are appropriately punished;

NOTES that the resolution's text includes the following statement: "1. Once an individual has been acquitted of a crime, member states shall not try that individual for the same alleged criminal act again.";

CLARIFIES that the term "acquitted" in the aforementioned clause is not the same as a final judgment of innocence, which in turn creates a number of legal problems for WA member states;

DETAILS that this restriction outlaws a number of otherwise fair and necessary judicial proceedings such as:

• 1. Trial de novo, which is a common civil law occurrence in which a trial is essentially redone,
• 2. Concurrent jurisdiction, which may exist on both on the international and national level and may result in local politics playing a role in determining where an individual is tried in order to impact the outcome of the trial,
• 3. Prosecution appeal, which may be necessary in the event of any or all of the following:
  
  • a. Learning of judge or jury bias during the original proceedings,
  • b. Tampering with evidence, or
  • c. Discovering new evidence that may have changed the outcome of the case;

BELIEVES that such an absolute ban is neither wise nor prudent due to the compelling need for WA member states to run their judicial systems in a just and reasonable manner through having access to the previously mentioned appeal proceedings;

REPEALS GAR #187, Double Jeopardy Prohibition.

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[Gulliver]

I have cast a provisionary vote of "for".

[McMasterdonia]

I think you should vote against. I thought the previous proposal was a good one. Not only that, I am sick of the WA constantly making the legislation and then having it repealed a few weeks later. It also is apparent that hardly ever, does another proposal come up soon enough to replace the previously repealed provision. It really irritates me lol.

[Gulliver]

As the vote is now tied with no majority, I'm legally obligated to withdraw my for vote. Now's your chance to scrounge up one more against vote, McMasterdonia.

[Eluvatar]

23:52 <@Eluvatar> sorry mcmasterdonia but I'm for that repeal
23:52 <@Eluvatar> the acquittal language is too lazy
23:53 <@Eluvatar> and causes problems

[Gulliver]

I've changed my vote back to "for".

[Delfos]

idk if i could vote for this, what can i specifically vote for?

[Eluvatar]

idk if i could vote for this, what can i specifically vote for?

I'm pretty sure citizens can vote here.

[Gulliver]

This has passed 9,388 votes to 1,755, with my final vote standing as "for".