Double Jeopardy Prohibition

[Gulliver]

Category: Human Rights
Strength: Significant

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.

[Eluvatar]

After consulting with Goobergunch, I am persuaded to be AGAINST, due to the difference between any acquittal and final acquittal (after appeals).

[Gulliver]

I have cast a provisional vote of "for".

[Eluvatar]

I have cast a provisional vote of "for".

Why!?!?

[Gulliver]

Because I was very tired and meant to vote "against" >__<

The error has been rectified.

[Gulliver]

This has passed, unfortunately, 5,947 votes to 5,247, despite my final vote of "against".