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Bill: Mandatory Minimum Sentencing and Three-Strike Sentencing Act
Details
Submitted by[?]: Rutanian Heritage Party
Status[?]: defeated
Votes: This is an ordinary bill. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.
Voting deadline: March 2821
Description[?]:
| The RHP believe Rutania's justice system is in dire need of reform - namely, its sentencing system. When sentencing is left entirely to the discretion of judges in our courts, often a ruling is made that is inconsistent with the interests of justice, victims, and the general public; often this means some of the hardest criminals are allowed back onto Rutania's streets after a matter of years in prison, or they are simply acquitted altogether. To counter-act this problem - which is becoming more and more prominent - the RHP propose two measures that will ensure that criminals are punished in a retributive manner commensurate to their heinous crimes; that justice is properly served; that victims are properly compensated for the harms done against them; and that the interests of the community at large are satisfied. Consistent with our commitments to the principle of federalism, the following Articles can be ratified in full or in part and implimented by regional and local governments, but will not be compulsory or enforced by federal mandate. Article 1) To avoid sentences and punishments that are too light, and are not truly proportionate to the crimes committed, the RHP propose the introduction of mandatory minimum sentences. They will be as follows: - For the crime of people-smuggling, a mandatory minimum sentence of 15 years imprisonment, as well as a $500,000 fine and the destruction of any vessel used to transport illegal aliens. - For the crime of harbouring or employing illegal aliens, a mandatory minimum sentence of 5 years imprisonment, and a fine of $100,000. - For the crime of assault causing greivous bodily harm, or with intent to cause greivous bodily harm, a mandatory minimum sentence of 3 years imprisonment. - For the crime of stealing or destroying private property, a mandatory minimum sentence of 2 years imprisonment. - For the crime of posessing or distributing child pornography of any kind, a mandatory minimum sentence of 25 years imprisonment. - For the crimes of drug-trafficking and manufacturing, a mandatory minimum sentence of 15 years imprisonment. - For the crimes of gun-related offences, including armed-robbery, or shooting someone who does not die as a result of the attack, a mandatory minimum sentence of 20 years imprisonment. In addition, the following crimes will recieve a mandatory death-penalty. - Murder. - Rape. - Child-sex abuse, molestation, or pedophilia. - Acts of high treason. - Terrorism. Article 2) To prevent repeat-offences - and to deter criminals from re-offending and punish them appropriately if they do - the RHP propose a 'three-strike sentencing' system, whereby those convicted of repeat offences will recieve harsher punishments each time they re-offend. They will be as follows: - For the crime of assault causing greivous bodily harm or with intent to cause greivous bodily harm, the first strike will be a minimum 3 years, the second strike will be 7 years, and the third strike will be 20 years. - For the crimes of stealing and destruction of property or vandalism, the first strike will be a minimum 2 years, the second strike will be 10 years, and the third strike will be 20 years, with a fine of $10,000 for each strike. - For the crimes of gun-related offences, including armed-robbery, or shooting someone who does not die as a result of the attack, the first strike will be a minimum of 20 years, the second strike will be 35 years, and the third-strike will be the death-penalty. - For the crime of people-smuggling, the first strike will be a minimum 15 years, the second strike will be a 25 years, and the third strike will be 50 years imprisonment. Each strike will carry a fine of $500,000, as well as the destruction of any vessel used to smuggle illegal aliens. - For the crime of harbouring or employing illegal aliens, the first strike will be a minimum 5 years, the second strike will be 15 years, and the third strike will be 30 years imprisonment, with an additional fine of $100,000 for each strike. - For the crimes of drug-trafficking and manufacturing, the first strike will be a minimum 15 years, the second strike will be 25 years, and the third-strike will be 40 years imprisonment. - For any crime deemed 'serious' or 'violent' that is not listed here, a third-strike minimum of a 30 year prison sentence will apply. - For any criminal who was two prior convictions of 'violent' or 'serious' crimes, any crime whatsoever considered a felony will be treated as a third-strike, and will recieve a minimum 30 year prison sentence. |
Proposals
Article 1
Proposal[?] to change Government policy with respect to the death penalty.
Old value:: The death penalty is illegal and is never to be applied.
Current: The death penalty is illegal and is never to be applied.
Proposed: Local governments may choose whether or not to administer the death penalty for capital crimes
Debate
These messages have been posted to debate on this bill:
| Date | 10:14:11, September 17, 2009 CET | From | Rutanian Elitist Party | To | Debating the Mandatory Minimum Sentencing and Three-Strike Sentencing Act |
| Message | The REP found parts of this bill quite ingenious. The idea of "three-strike sentences" is most welcomed and we could support it in a different bill. However we are strongly opposing any form of death penalty. We do not believe that the government (even if local one) should have power of life an death. Boromir Kreuz, Vice-President REP |
| Date | 14:52:01, September 17, 2009 CET | From | Revolutionary Workers Party | To | Debating the Mandatory Minimum Sentencing and Three-Strike Sentencing Act |
| Message | We agree with most parts of what the REP argue - indeed, it was the RWP who introduced a bill on death penalty abolition and made the arguments about inconsistency. Nonetheless we find some of the proposals draconian and will vote against. |
| Date | 17:01:25, September 17, 2009 CET | From | Liberal Democratic Party | To | Debating the Mandatory Minimum Sentencing and Three-Strike Sentencing Act |
| Message | This entirely negates the discretion of the judges and disregards the details of the case. Furthermore, we would argue that treatment and rehabilitation are a far better solution than long sentences. The current system, which allows the defendant or prosecuter to appeal to a higher court should they think the sentence is too lenient or too harsh, is fair and we see no reason to amend the system. This is typical of an extreme right wing party to suggest a justice system like this; history shows us that far right extremist governments have extremely large prison populations. I am surprised The Heritage Party hasn't included a prison sentence for homosexuality. We fervently oppose this bill. Becky Church Candidate for Justice Liberal Democratic Party |
| Date | 11:04:46, September 18, 2009 CET | From | Rutanian Heritage Party | To | Debating the Mandatory Minimum Sentencing and Three-Strike Sentencing Act |
| Message | 'Treatment' and 'rehabilitative' measures presume that most criminals have something to 'treat', or that they can be 'rehabilitated' - this is merely starry-eyed, sanctimonious, liberal idealism. History has shown the total and utter failure of rehabilitative measures, revealing the undesirable yet undeniable truth - many of the worst criminals cannot and will not change. Unfortunately, this also means that deterrence does not always work, either. What then, is our only realistic means by which to retain order in society? To either incapacitate criminals, removing them from civilized society to protect the safety of Rutanian citizens at large, or to punish them in a manner commensurate to the crimes they have committed, to satisfy the base human need for retribution - essentially, to 'right' the 'wrongs' they have done to their victims and to society. In most cases, the RHP favour a combination of both of the aforementioned justifications for sentencing. |
| Date | 05:39:54, September 19, 2009 CET | From | Rutanian Restoration Party | To | Debating the Mandatory Minimum Sentencing and Three-Strike Sentencing Act |
| Message | The Orange Party would support such a bill as there is enough of the bill we support to outweigh what we see as negatives. One being the fact that some regional commonwealths will more than likely reinstate the practice of the death penalty. We will vote for this bill. |
| Date | 05:48:22, September 19, 2009 CET | From | Rutanian Heritage Party | To | Debating the Mandatory Minimum Sentencing and Three-Strike Sentencing Act |
| Message | We thank our good allies the OP for their compromise - this is not a decision that will go unnoticed or unappreciated by us. |
| Date | 06:04:41, September 19, 2009 CET | From | Rutanian Heritage Party | To | Debating the Mandatory Minimum Sentencing and Three-Strike Sentencing Act |
| Message | If the REP are not willing to support this legislation in its current form, we will probably propose a new bill with the 'mandatory death sentence' clause removed. |
| Date | 20:45:55, September 19, 2009 CET | From | United Democrats | To | Debating the Mandatory Minimum Sentencing and Three-Strike Sentencing Act |
| Message | Obviously we will not support this while the absurd death penalty clause is present. |
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Voting
| Vote | Seats | |||||
| yes | Total Seats: 112 | |||||
| no |
Total Seats: 193 | |||||
| abstain | Total Seats: 0 |
| Random fact: By default the head of government is the ultimate authority within a national government. In general terms, heads of government are expected to consult with cabinet colleagues (including those from other parties) before making significant decisions but they remain responsible for government action. |
| Random quote: "Before you embark on a journey of revenge, dig two graves." - Confucius |