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Senate: Defeated Senate Proposal #82: Extradition Policies

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DocTomoe

Inactive Member
 
3. Basic Rights and Freedoms of Citizens

1. Every citizen and plebian has the right to their own thoughts, opinions, and mind (Proposal 3, Item 8).
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It is illegal to clone (make physical copies of) or ST-clone (make mental copies of) any Star Army citizen/plebeian/soldier that you do not own without their consent (Proposal 39, Item 2).
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The ST Part of the Proposal is ILLEGAL.
 
Again, the rights of the criminal should not be the same as the rights of the victims!

I vote yes in favor of this proposal.
 
Hanako's eyes filled with anger. "You cannot vote for this bill...the previous law contradicts it!"
 
"If you had actually addressed my previous concerns about criminals being protected when they have already forsaken their rights by VIOLATING our laws we would not be in a state of contradiction!" Ayana replied irritatedly. She looked like she wanted to say oh so much more on the subject but did not wish to derail the topic at hand.
 
"And plus," Maysaki began, "This would simply override that bill, being that this one is a new one. As such claims of illegality... If... thats even a word, are moot unless its done WITHOUT this proposal approved."

"Oh, and I approve."
 
OOC note: You can't override an old bill with a new one. The new bill has to specifically remove the old bill. These bills conflict, thus this new bill doesn't work.

Besides, extradition is for people to stand trial, and so if you take away someone's rights because you think they're a criminal, then you're basically pre-judging them before they have even a chance to defend themselves. That's one of the worst things any civilized country could do.
 

OOC Note:
First off, there is no statement of clones, and no one is saying to tamper with the person's mind or ST data while on Yamataian soil where the law applies.

And:

Policy seven; 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.
 
OOC: But if you can't catch the suspect, are you just going to make an illegal copy and send them to trial while the original one goes free? What purpose does that accomplish? Justice isn't served...all that'd happen would be some ST clone getting the shaft and then having to deal with the drama of having two of the same person from then on.
 
Policy three; 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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It does not state here that the ST copies would be used to create a copy of the defendant. It seems to me that if someone is standing trial for a crime against another country, that country might be executing them and thus would have a very good reason to want to have those copies. If they are proven innocent, the ST copies would get returned.

It could be very likely that the newly STed clone might actually have no knowledge of the events that they are being tried for. Thus, trying a copy would be pointless. But no where in the proposal does it state that we will recreate someone from a back-up try the clone and then execute them.

In fact, it seems that there is a fairly could systems of checks in place, requiring that three senators review the extradition request; he defendant is given a chance to turn themselves in; we would fund a defense and an investigation into their case; and the defendant would have a chance to appeal.

In cases where we have a "smoking gun", it's much harder to remain objective but every effort would be made to give them a fair trial meaning that certain parties with invested personal interest would not be in the jury or the judge's seat when possible. For example, in the case of a rape- the victim's family would not be allowed to sit on the jury or if they are the judge, we would request another judge.

With all these new policies in place, there would not be a revolving door into a coffin for any person accused. Investigations, appeals, and trials all take time to conduct and execute. And for things of great importance, we should NEVER rush them through.

My feelings on this are very similar to placing only a two month limit of declaring people legally lost or dead, when I feel we should extend every effort we have to retrieve any person we have lost or that has been captured in a time of war. Perhaps, if there had been more effort made, there would not be two Hanakos at this very moment...

But I understand the desire to bring a loved one home faster than waiting months or even years to see them again.
 
( Topic locked. Proposal was not written in accordance with senate policy .)
 
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