Repeal "Double Jeopardy Prohibition"

Description: WA General Assembly Resolution #187: Double Jeopardy Prohibition (Category: Human Rights; Strength: Significant) shall be struck out and rendered null and void.

Argument: The World Assembly:

APPLAUDS the aim of GAR #187, Double Jeopardy Prohibition, which was to ban the deplorable practice of Double Jeopardy within WA member states;

REGRETS that the resolution ultimately overstepped its intended purpose and made it much more difficult for WA member states to ensure that those individuals who have committed a crime are appropriately punished;

NOTES that the resolution’s text includes the following statement: “1. Once an individual has been acquitted of a crime, member states shall not try that individual for the same alleged criminal act again.”;

CLARIFIES that the term “acquitted” in the aforementioned clause is not the same as a final judgment of innocence, which in turn creates a number of legal problems for WA member states;

DETAILS that this restriction outlaws a number of otherwise fair and necessary judicial proceedings such as:

Trial de novo, which is a common civil law occurrence in which a trial is essentially redone,

Concurrent jurisdiction, which may exist on both on the international and national level and may result in local politics playing a role in determining where an individual is tried in order to impact the outcome of the trial,

Prosecution appeal, which may be necessary in the event of any or all of the following:

    Learning of judge or jury bias during the original proceedings,

    Tampering with evidence, or

    Discovering new evidence that may have changed the outcome of the case;

BELIEVES that such an absolute ban is neither wise nor prudent due to the compelling need for WA member states to run their judicial systems in a just and reasonable manner through having access to the previously mentioned appeal proceedings;

REPEALS GAR #187, Double Jeopardy Prohibition.

More info here: NationStates • View topic - [PASSED] Repeal "Double Jeopardy Prohibition"

Repeal “Double Jeopardy Prohibition” was passed 9,388 votes to 1,755.

Bai Lung voted AGAINST.