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Senate: Defeated Senate Proposal #82: Extradition Policies II

DocTomoe

DocTomoe

Well-Known Member
Senate Proposal #82: Extradition Policies

Purpose:

1. To promote better peace between Yamatai and her neighbors.

2. Extradition policies will be put into effect which will allow for Yamataian citizens to be extradited to foreign powers for trial to ensure justice.

Proposal:

1: Extradition will be granted only in cases involving crimes such as murder, genocide, rape, and other death-penalty worthy crimes.

2: Each extradition request will be reviewed by three or more senators. Review will be conducted prior to the pursuit, arrest, detaining, and transfer of the suspect.

3: Extradition will also apply to known ST copies, which the nation receiving the copies must keep intact for the duration of the trial of the suspect. ST copies may be utilized by the suspect's prosecutors and defense.

4: Prior to extradition, defendants have the opportunity to surrender themselves in for questioning and trial.

5: An independent investigation will be conducted regarding the suspects crime, and will be presented at the suspect's trial.

6: Extradition rights will only be granted to nations with a policy of innocent until proven guilty, rights to expedient trial, and rules against cruel and unusual punishment.

7: The suspect has the right to appeal prior to extradition, and be granted an extradition appeal trial, where they will be allowed the opportunity to argue their innocence, and if it is determined by an unbiased court of law that the individual is innocent of the crime through factual evidence, the extradition request will be denied.

8: Each extradited suspect will have a legal representative assigned by the Yamatai Empire or where ever else the suspect requests. If this legal representative finds at any time that the suspect is being treated unfairly during trial, the extradition will be revoked. However, the representative must furnish evidence of mistreatment or prejudice.

9: (REMOVED) This proposal will override previous proposal statements in regard to conflicts of wording or interpretation.

Signed,
Senator Ha'leh 'Aegis' Yaweh Fyunnen
 
3: Extradition will also apply to known ST copies, which the nation receiving the copies must keep intact for the duration of the trial of the suspect. ST copies may be utilized by the suspect's prosecutors and defense.
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This part of the law cannot be passed because this (sacred) law exists:
It is illegal to clone (make physical copies of) or ST-clone (make mental copies of) any Star Army citizen/plebian/soldier that you do not own without their consent (Proposal 39, Item 2).
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9: This proposal will override previous proposal statements in regard to conflicts of wording or interpretation.
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This is disgusting and you should be ashamed of yourself for defacing the legacy of the senate before you.

It also contradicts this (sacred) law which CANNOT be revoked:

Effect of Law
Proposal #31

Purpose:
1. Fairness
2. Sensibility

Proposal:
1. Laws passed by the Legislative Process are not retroactive.
2. Except for this one.

This means that people cannot be held responsible for violations of a law that was not yet passed. It also means that this law protects all cases of this nature.

3. This law is extremely important to a healthy Empire and as such, needs to exist, always. Therefore, once in effect. it cannot be negated.
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You will need to remove item nine for the law to even be able to be voted on, and if you remove item nine, then it cannot be passed because of your item three.

-Hanako
 
Item nine shall be removed, however, item three will remain and can be passed because it simply states that the ST copies shall be furnished upon extradition, and they can be utilized. There is no reference to utilizing them in a cloning process.

-Sen. Aegis
 
Again, I make the argument that how do we ever hope to enforce our own laws and punishments if it is illegal, even for us as a body of law to even execute people that we have determined to be guilty of violating our most sacred of laws? But that argument for that amendment will be argued in another proposal.

As an aunt, a captain and a woman, Hanako-Taisa I must ask you to consider the following scenario: a young woman you know has been brutally assaulted by a man who isn't a citizen of our nation and then flees back home to escape our jurisdiction and authority. We have the evidence that could convict that man fairly but when he's in our custody he kills himself and then is revived by an accomplice back at home, still fully aware of his crimes.

Would you stand to let a criminal of such a nature evade justice because our wording of law doesn't actually protect the citizens from those that violate the law? Isn't it a travesty that a criminal couldn't be legally extradited for trial from another nation?

So again, I implore you to actually consider the fact that when people inflict harm upon others that they need to accept accountability for their actions and be brought back to the place where they have broken their laws.

Holding an ST back-up does not mean an illegal clone of the person- it means we'd hold the means that would give them a way out. We'd need to properly hold a criminal in our charge rather than give them a way out.

I vote yes for this proposal, I'm forming an amendment to the to her proposal in line with what I had previous asked and argued for but was overlooked in the shuffle of days, duty or paperwork.
 
I vote no and motion for a change: removing item 3. Moving ST data from one computer to that of another nation is unlawful mental copying, in violation of Proposal 39 Item 2.
 
I hereby challenge your motion by stating the fact that if ST copies are not furnished to the prosecuting nation, then the extradition process becomes moot.

If copies of the accused are kept safe within the Empire, then if or when the accused is found guilty and sentenced, the copies make the sentence moot due to the accused simply being able to resurrect in another body to escape justice.
 
Why not just forbid resurrection?
 
There is no finality or resolution with that approach, and data could potentially be hijacked and utilized to resurrect the individual without the permission of the nation which the accused and convicted have been extradited to.
 
Delete the data, then. They're already dead.
 
Then why not give it to the nation handling the trial to do so since they are handling the execution? If you feel that other nations can not be trusted, say so, openly.
 
"I believe the Senator from Hanako's World is using technicalities to destroy this proposal. Regardless, however, if a state has evidence of a crime, they should provide it to us and allow us to prosecute an offender on the state's behalf. It is not a matter of trust; it is a matter of law and order — Yamatai's law and order, which handles its own citizens. Were a citizen of another state to commit a crime on our soil, we would detain them and pursue justice through their home planet. What crime could exist that Yamatai does not have laws for?

"Yamatai votes no. We shall handle our own citizenry."
 
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