Senate: Defeated Senate Proposal #82: Extradition Policies

[DocTomoe]

To promote better peace between Yamatai and her neighbors, extradition policies will be put into effect which will allow for Yamataian citizens to be extradited to foreign powers for trial.

Policy one; Extradition will be granted only in cases involving crimes such as murder, genocide, rape, and other death-penalty worthy crimes.

Policy two; Each extradition request will be reviewed by three or more senators. Review will be conducted prior to the pursuit, arrest, detaining, and transfer of the suspect.

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.

Policy four; Prior to extradition, defendants have the opportunity to surrender themselves in for questioning and trial.

Policy five; An independent investigation will be conducted regarding the suspects crime, and will be presented at the suspect's trial.

Policy six; Extradition rights will only be granted to nations with a policy of innocent until proven guilty, rights to expedient trial, and rules against cruel and unusual punishment.

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.

Policy eight; Each extradited suspect will have a legal representative assigned by the Yamatai Empire or where ever else the suspect requests. If this legal representative finds at any time that the suspect is being treated unfairly during trial, the extradition will be revoked. However, the representative must furnish evidence of mistreatment or prejudice.

 

[Wes]

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).

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).

Proposal #75 - Memory Backup Protection Act

1. Anyone who commits the following dishonorable acts:

a. Uses a mental backup (ST) machine to make a copy of someone who has not been confirmed as dead (or missing and presumed dead for over 2 months), with the exception of the military project below listed in Item 4,

b. Uses a mental backup (ST) machine to bring back ANY person's copy (citizen or not) for any malicious purpose to include mental, physical, or sexual abuse,

c. Attempts to steal someone's identity through soul-transferring themselves into an occupied body,

d. Tampers with stored mental data,

...shall be punished by being put to death and have all copies of their mental backups (if existing) erased.

The ST Part of the Proposal is ILLEGAL.

 

[Kim]

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.

 

[Wes]

Hanako's eyes filled with anger. "You cannot vote for this bill...the previous law contradicts it!"

 

[Kim]

"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.

 

[Gamerofthegame]

"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."

 

[Wes]

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.

 

[DocTomoe]

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.

 

[Wes]

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.

 

[Kim]

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.

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.

 

[Kim]

Any further thoughts or comments on this? Hanako, Roxanne?

 

[Wes]

( Topic locked. Proposal was not written in accordance with senate policy .)