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Bill: Reform for Enhanced Civil and Judicial Liberties, 4474
Details
Submitted by[?]: Saída Pela Esquerda! (SPE)
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: September 4474
Description[?]:
HONORABLE MEMBERS OF THE ASSEMBLEIA NACIONAL, ANALYSING our current judicial practices and weighing them against those of the world; RECOGNISING much of the current legislation hinders general public welfare and instigates absurd levels of government-sanctioned violence; STRIVING to move Tukarali to an era of judicial efficiency and fairness; THE PST PROPOSES THE FOLLOWING, with considerations: (1) Block A: Curfew and Dueling Tukarali is one of the two countries in the world which enforce regular, unspecified curfews. As of current, no citizen is allowed to be outside or on public property beyond a stipulated time. This infringes on the constitutional right to come and go and on the right to assembly, but also on their freedom to exercise economic activities in this period. It is uncalled for to deprive our citizens of these guarantees without a reasonable pretext. Dueling is a primitive practice reserved for countries and societies that are unacquainted with a robust Justice system and the principle of due process of law. Hence, moving in the direction of the global consensus on the issue, dueling shall be outlawed and disputes mandated to be resolved in the nation’s courts. (2) Block B: Trial by Jury and Other Provisions Our Justice system must be strengthened and directed to follow international conventions on human and judicial rights. By instituting a right to trial by jury, regulated by the State and applied by local governments when appropriate, our court procedures and rulings become more legitimate and prevent abuses. Additionally, to bridge the wealth divide between those who can afford expensive counsel and those who cannot, the State shall provide free legal representation for poor defendants. (3) Block C: Human Rights and Judicial Guarantees Notwithstanding our pervasive practices of extrajudicial police-led torture, Tukarali is the only country in the globe whose Justice system still applies corporal punishment causing permanent injury. Not only is this practice abhorrent, but it fails to prevent crime and it opens grounds for undue abuse of innocents. Our nation already enforces the death penalty extensive, thus we see no need to insist on this inhumanity. Equally appalling is the gratuitous broadcast of executions. Under a false pretext of deterring to-be-criminals, carrying out capital punishment in such manner terrorizes society, especially children, and adds to our reputation as a cruel society. |
Proposals
Article 1
Proposal[?] to change Curfew policy (curfew time to be determined in the bill description).
Old value:: No-one may use streets or public property beyond the curfew time.
Current: Local governments may impose curfews, but only if a state of emergency has been declared.
Proposed: The national government may impose curfews, but only if a state of emergency has been declared.
Article 2
Proposal[?] to change The right to trial by jury (if there are courts)
Old value:: No one is allowed a trial by jury.
Current: Individuals accused of any crime have the right to trial by jury.
Proposed: Local governments decide who has the right to trial by jury.
Article 3
Proposal[?] to change The legality of dueling.
Old value:: Dueling is legal and unregulated.
Current: Dueling is illegal.
Proposed: Dueling is illegal.
Article 4
Proposal[?] to change Government provision of legal aid to the accused.
Old value:: Legal representation is never paid for by the state.
Current: Legal representation for defendants in criminal trials is paid for by the state for defendants with low incomes.
Proposed: Legal representation for defendants in criminal trials is paid for by the state for defendants with low incomes.
Article 5
Proposal[?] to change Legality of judicial physical punishment
Old value:: Judicial corporal punishment that causes permanent injury (eg. mutilation) is legal.
Current: Judicial corporal punishment (eg. caning or flogging) is legal.
Proposed: All forms of physical punishment are illegal.
Article 6
Proposal[?] to change Public executions (if death penalty is legal).
Old value:: Executions are always carried out in public and/or broadcast on television.
Current: Executions are always carried out in private; however, family members, the victim and the victim's relatives are allowed to be present.
Proposed: Executions are always carried out in private; however, family members, the victim and the victim's relatives are allowed to be present.
Article 7
Proposal[?] to change Jury selection (if trial by jury is allowed).
Old value:: Jurors are selected based on certain factors (race/gender/class).
Current: Jurors are randomly selected from the population.
Proposed: Jurors are randomly selected from the population.
Debate
These messages have been posted to debate on this bill:
subscribe to this discussion - unsubscribeVoting
Vote | Seats | ||
yes | Total Seats: 0 | ||
no | Total Seats: 184 | ||
abstain |
Total Seats: 71 |
Random fact: Players who deliberately attempt to present a misleading picture of the nation's current RP laws will be subject to sanction. |
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