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by The Goose's Old Snacc of Cheesy Tots. . 78 reads.

Refugia Information For Voters Dispatch: Vote AGAINST "Rights For Crime Victims Act"


Information For Voters: "Rights For Crime Victims Act"


Useful Links:
Proposal at Vote
Drafting Thread

Summary:

The proposal aims to establish rights for victims of a crime. It starts off by listing some of the rights it establishes - like the right to be protected from the accused and the right to be informed about various aspects of their situation (in relation to the criminal proceedings). The resolution then states victims can exercise their rights via themselves, an attorney, or (if the victim is incapacitated) their legal guardian or a court-appointed person.

Crime victims are also allowed to seek compensation from the convicted - and those convicted individuals unable to give the required compensation must be put on probation to find a job so they can pay what is required. The draft finishes off by stating victims have the right to be referred to services that can give them necessary support.

Opinion:

The resolution, while well-intentioned and serviceable in most parts, fails in a few key areas. The first part is its definition of "a crime victim" as shown here.

The ga wrote wrote: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.

As explained by Junitaki-cho, the phrase "prima facie" has two distinct definitions - one meaning the prosecution has enough evidence to start a trial, the other one being the prosecution has to provide enough evidence to prove their case to the point wherein it will be ruled in their favor (unless the defense can submit contradicting evidence).

The resolution does little to differentiate between the two. This means that nations can easily avoid giving rights towards victims who do not have enough evidence to establish themselves as a victim under the second, more heavier of definition of prima facie - because in such a case, the victim's evidence wouldn't be prima facie and therefore the victim would not be seen as a "crime victim" in the eyes of the resolution.

The proposal also has a highly problematic clause later on, as follows:

The ga wrote wrote: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.

This clause is extensively harmful. By allowing this probation, anyone unable to pay compensation - whether they be drug dealers, murderers, etc. - would be set free on probation to find a job. The resolution has no regulation on what probation is, or when the courts can reverse it, or how long probation lasts. It's just a blanket rule that allows people to, after being convicted of a crime, go back into the world to commit more crime.

There's also the question of survival and going through the justice system itself. What if a convicted individual cannot find a job with enough of a livable wage to both survive and pay off their debt? What about the fact that this allows a convicted individual to live their lives in a vastly more freer way than other convicted people who can pay compensation? This clause needs its own resolution to deal with its mandate in a more proper manner. As-is, its broadness allows for extensively negative consequences.

The resolution also has a couple of writing issues, like the fact that Clause 2a. gives a victim the right to be informed of their right to be informed of their rights - which at a bit confusing.

Recommendation: For all of these reasons, the, the Refugi Office of World Assembly Affairs therefore recommends a vote against "Rights For Crime Victims Act".


The Goose's Old Snacc of Cheesy Tots

Edited:

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