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Author Topic: Preventing Multiple Trials  (Read 572 times)

Offline Gulliver

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Preventing Multiple Trials
« on: April 30, 2012, 09:09:11 PM »
Category: Human Rights
Strength: Significant
Proposed by: [nation]Moronist Decisions[/nation]

Quote from: Preventing Multiple Trials
Description:RECOGNIZING the significant financial and psychological burden that criminal trials cause to innocent defendants.

DEPLORING the practice of trying individuals repeatedly for a single offense without valid justification,

NOTING the potential for governments to use multiple trials as a means of harassing defendants.

SEEKING to create a balance between preventing unjustified multiple trials of individuals while allowing nations to ensure justice through fair retrial,

THE GENERAL ASSEMBLY

  • 1. DEFINES "retrial", for the purpose of this resolution, as a prosecution-initiated re-trial of a defendant after a final verdict was previously passed on a legal case based on substantially the same alleged actions as the previous verdict.
  • 2. OUTLAWS retrials except where significant and compelling miscarriages of justice can result from allowing the verdict previously reached to stand, such as when proper legal procedure was not followed in the course of the previous trial.
  • 3. MANDATES that each member nation shall independently determine, for their nation's legal system:
    • a. Specific circumstances, which qualify as significant miscarriages of justice, under which retrials are allowed.
    • b. A reasonably low limit on the number of such retrials.
  • 4. FORBIDS retrials under all circumstances within a given nation except as allowed under clause 3.
  • 5. REQUIRES defendants to be provided with
    • a. Written notification of the decision to seek a retrial and the reasons for doing so; and
    • b. the right to appeal, before an impartial judge, the decision to retry the case.
  • 6. FORBIDS the filing of new criminal complaints on an individual based upon substantially the same facts as a previously concluded trial for the purpose of circumventing restrictions on retrials.
  • 7. CLARIFIES that nothing in this resolution shall affect a defendant’s right to appeal their conviction or sentence.

Co-authored by [nation]Ossitania[/nation]
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