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Bill: Lex Mutanabbia de Vigilibus Republicanis
Details
Submitted by[?]: Factio Republicana Socialistica
Status[?]: passed
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: July 4424
Description[?]:
| Mutanabbian Law on Republican Policing Senators Current police practices do not work. By focusing exclusively on the prevention of crime and responding only when called, the police fail to address the direct causes of crime and actually encourage criminality as a negative result of sanctions and threats. Sanctions provoke future defiance when the offenders have weak bonds to the sanctioning agent and the community, and when offenders deny their shame and become proud of their isolation from and defiance of the community. When we prepare for the worst and assume most people are potential criminals, this only leads to more crime. When you treat people as criminals they are more likely to become criminal. And decades of research and experience on crime control shows that tough law enforcement, including frequent patrols, surveillance, and putting more blue on the streets, fails to reduce crime. By trying only to catch criminals and punish wrongdoers, we fail to take into account the views of the victims and shift the focus of law enforcement from reversing the harm that was done to punishing criminals. This does not work and has numerous counter-effects. Instead, we propose the introduction of three key Republican principles in law enforcement, namely mandatory national service, community policing, and restorative justice. Each of these has been a core principle for the Republican Party, and although none of these on its own has a chance of creating a more just policing system, all three taken together will hopefully be more fruitful in deterring crime, righting wrongs, improving the status of victims, reducing policing costs, and building strong Republican communities. I. Mandatory national service In Selucia we currently have mandatory military and civilian service, guided by the principle that all citizens have an obligation to serve their country. To turn this service into a job for pay is to corrupt the sense of civic virtue on which it is based. Through universal conscription we make sure that a separate caste of soldiers, with its own interests and a distinct identity from the majority of citizens, cannot form. It is then just to require the same for our law enforcement forces. Because of this we propose to amend the Fabiolan Law on Military Service (http://classic.particracy.net/viewbill.php?billid=565359) and the Pescennian Law on Military Service (http://classic.particracy.net/viewbill.php?billid=574928) by including the police as one of the branches of government in which citizens may serve as part of their conscription. All conscripted citizens will have the ability to chose whether to serve in the Armed Forces or policing forces, determined by the manpower needs of either of these branches. This will ensure that the police is brought back into the hands of the People, that the governed will restrain the governors by taking part in government, and will prevent the police from abusing their power for their own benefit, similarly to how citizen participation in juries is a check on the power of judges. II. Community policing We once again propose the introduction of community policing to our Republic. Under this proposal all members of the law enforcement forces will be required to be permanent residents of the communities which they serve, and municipal governments shall coordinate with local citizens, local businesses, and the provincial and central governments to establish police forces formed exclusively of members of the local communities. This will result in greater police accountability to the communities they are meant to serve, increased trust, more foot or cycle patrols, and a decentralization of police authority. Under this model local police forces will be granted a wide degree of guided discretion, within nationally agreed levels, to develop tactics responsive to the real problems the community faces, as opposed to incident-driven policing. III. Restorative justice Restorative justice is a form of justice distinct from just-deserts punitive crime control and the welfare model of law enforcement. Instead restorative justice focuses on righting wrongs by negotiating a resolution that all participants, including the offender, the victim, and the wider community find satisfactory. With this proposal our law enforcement system will be complemented with the introduction of mediation between victim and offender, assisted by their nuclear or extended families, friends, and the local community, and guided by the police forces. Under this proposal, formal justice will be complemented by restorative justice conferences which will seek to mediate between the parties, while formal law and formal sanctions will continue to exist as background threats in case of non-compliance. Whenever a crime occurs, the first reaction will be that the police will be empowered to organize and mediate face-to-face meetings between the offender and the victim, whereby each side is allowed to bring people they trust to the conference. The conference is allowed to require various forms of compensation or punishment from the offender, with the provision that these do not exceed the maximum penalties allowed under the law. If the conference ends with the satisfaction of all participants, no further legal action shall be taken and the conference's decisions will be enforced, irrespective of the severity of the crime. Should the conference fail to reach a satisfactory decision, or should either party refuse to attend, the case will be referred to the formal court system. Additionally, local police forces will be empowered to organize community conferences in cases of non-penal disputes between parties, involving the parties in dispute and the wider local community. Senators, we believe that these proposals together will establish a more democratic, more responsive, and more just law enforcement system. We find that both liberals and conservatives would find these proposals appealing. On the one hand, these proposals prioritize restoration and weak sanctions over punishment and center the process on the victim rather than the offender, while also encouraging widespread participation in the justice system. On the other, these proposals will drastically reduce policing budgets, will have a powerful deterrent effect, will ensure wider compliance with the law, and will in the long term lead to law-abiding and norm-respecting citizens. Under the proposed restorative justice system, we will be able to say to criminals "we will hurt you, and it will be cheap and easy for us because you will help us hurt you". Much research and experience has shown that restorative justice is better for offenders, better for victims, and better for the community. Coupled with decentralization, guided discretion, and mandatory service, this will serve to create a police force that is responsive, problem-oriented, respectful of the rights of victims and offenders, and will build strong enduring communities dedicated to the Republic and justice. Haider bin Talal al-Mutanabbi Senator |
Proposals
Article 1
Proposal[?] to change The nation's policy on the separation of the police and the military.
Old value:: A civilian police force is in place and the military may be called in to help in serious emergencies.
Current: The military acts as a de-facto police force, with powers of arrest.
Proposed: The military acts as a de-facto police force, with powers of arrest.
Article 2
Proposal[?] to change Policy on the organization of police/law enforcement
Old value:: There is a national police department funded by the national government and there are local police departments, funded by local governments.
Current: There is a national police department, funded by the government.
Proposed: The operation and funding of the police is left to local governments.
Article 3
Proposal[?] to change Government's policy towards the powers of the police.
Old value:: The police may arrest crime suspects.
Current: The powers of the police are not restricted.
Proposed: Powers of police are left to the local government .
Article 4
Proposal[?] to change The government's policy towards police presence.
Old value:: The police patrol public property at all times.
Current: The police patrol public property at all times.
Proposed: Presence of the police is left to the local governments.
Article 5
Proposal[?] to change Police searches.
Old value:: The police cannot search a person or their property without their consent unless the police have obtained a warrant from a court or have reasonable grounds to suspect that a crime was committed.
Current: The police can search a person or their property without restrictions.
Proposed: Local governments deal with this issue.
Debate
These messages have been posted to debate on this bill:
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| Vote | Seats | ||||
| yes | Total Seats: 163 | ||||
| no | Total Seats: 0 | ||||
| abstain |
Total Seats: 587 |
| Random fact: Players should not role-play characters without the consent of the owner, and if they find they have role-played the character beyond what the owner intended, they should withdraw or amend the role-play appropriately. |
| Random quote: "You can't give the government the power to do good without also giving it the power to do bad, in fact, to do anything it wants." - Harry Browne |