[Grosseschnauzer]

Quote: Fair Sentencing Act

A resolution to increase democratic freedoms.

Category: The Furtherment of Democracy

Strength: Mild

Proposed by: Gruenberg

Description: The United Nations,

Reaffirming its intent to ensure for all those accused of criminal acts fair legal proceedings,

Believing that all those tried for criminal acts deserve the right to sentencing by a competent judicial body, whether judge, jury or other, able to consider the specific conditions of the case,

Realizing that in many cases, there may be extenuating circumstances, whereby individuals with similar offences may require different sentences, and therefore full consideration of all relevant factors is needed,

Recognising that different societies treat crime and punishment in different ways, and adopt different attitudes to which sentences may be appropriate:

1. Requests that member nations ensure their legal processes are fair and just;

2. Declares the right of nations to determine for themselves the sentences for violations of laws committed within their jurisdictions;

3. Calls for the creation of independent and accountable bodies capable of overseeing and reviewing sentencing decisions;

4. Recommends that nations devolve sentencing powers to the level most capable of taking into account all relevant considerations.


Voting Ends: Tue Oct 10 2006 [/quote]

[Grosseschnauzer]

Apparently this reached the floor a couple of days ago. Hopefully, we can get enough participation quickly and our Delegate can cast a vote by the time voting closes on Tuesday.

This seems like a reaffirmation of prior resolutions more than anything else, so I will support it.

[Antrium]

While this resolution is (mostly) another example of a resolution that doesn't do anything because of its language, it does give each nation the right to decide their own sentencing. And even one small thing in the Democracy category is worth a vote FOR.

[Eisophca]

AGAINST.

[Malabra]

I'll put in the regional vote late tommorow. Our nation's position is FOR the resolution.

[Mikitivity]

Mikitivity has voted in favour. While we realize that this resolution puts a large degree of freedom into domestic hands, which in some cases could be used to block future UN legislation on harsh sentences, we also appreciate that the nations most likely to resort to these sorts of punishments can just as easily leave the UN or skirt around well meaning bans. Furthermore the ban on barbaric punishments already gives other UN members the right to pressure any nation that might resort to cruel sentences recourse for addressing the situtation.

What I like most is how this resolution actually might work with several other existing resolutions.

[Klouch]

CeoranaOct 8 2006, 08:15 AM AGAINST. [/quote]
why?

[Eisophca]

KlouchOct 8 2006, 12:11 PM CeoranaOct 8 2006, 08:15 AM AGAINST. [/quote]
why? [/quote]
Because it bans repeal/replaces of End Barbaric Punishments and other anti-torture resolutions, and if those were to be repealed, those of us who don't support torture would have to repeal this before it could be replaced.

In other words, this is an issue that I believe is in the UN's purview, so I oppose tying the hands of the UN because further legislation may be needed.

[Gnejs]

AGAINST

[Lionfante]

AGAINST

[Federation of Disjunction]

CeoranaOct 8 2006, 11:12 PM KlouchOct 8 2006, 12:11 PM CeoranaOct 8 2006, 08:15 AM AGAINST. [/quote]
why? [/quote]
Because it bans repeal/replaces of End Barbaric Punishments and other anti-torture resolutions, and if those were to be repealed, those of us who don't support torture would have to repeal this before it could be replaced.

In other words, this is an issue that I believe is in the UN's purview, so I oppose tying the hands of the UN because further legislation may be needed. [/quote]
It seems like a big "IF" regarding the future. How probale do you think it is that a repeal of "End Barbaric Punishments" would pass?

While I agree that the language here is somewhat tame, and I understand the possibility of future challenges, I'm in favor.

[Malabra]

The region's vote has been cast FOR this resolution.

[Mikitivity]

GnejsOct 9 2006, 06:05 AM AGAINST [/quote]
I voted in favour, but I respect the no votes. The resolution also *is* a blocker. It now will prevent capital punishment.

I made notes of this on NSWiki. I think it really was a very well written resolution, but I also wish mine had come afterwards, so we could have focused on this a bit more.