Abolition of Capital Punishment Act 2015


  • Commission

    On behalf of the United Kingdom of Davishire I would like to propose that the following bill be written into law.

    Capital Punishment is, in my opinion, an outdated and an ineffective form of punishment. The taking away of a persons life by the state is a form of murder, punishment equivalent to eye for an eye justice which has no place in the 21st century.

    There is no evidence to support the belief that capital punishment deters crime, for in countries where capital punishment is an option these draconian sentences are still being issued. A sentence of death doesn't provide our justice systems with a moral high ground that is necessary over the people who commit these crimes, it brings everything down to the level of these people. We should take the moral high ground and say no, we will not kill you like you killed another, we will spare your live and allow you to live.

    I hope that this bill allows us to prove that the European Union is a civilised place,fit for the 21st century, Please support this bill.

    Cllr Rt Hon Sir Eric Pickles CEDM

    QUOTE

    Abolition of Capital Punishment Act 2015

    Author- Authored by Rt Hon Sir Eric Pickles CEDM, Councillor for Davishire

    Section 1- Definitions
    1a- Capital Punishment- A sentence passed upon a person convicted of an offence that requires that the convicted person be killed.
    1b- Capital Offence- An offence for which a sentence of capital punishment can be issued.
    1c- Non Capital Sentence- A sentence which does not involve the killing of an individual.

    Section 2- Abolition of Capital Punishment
    a- All member states shall cease in the sentencing and implementation of capital punishment for those convicted of any offence on or after the date of passage of this act with immediate effect in war or peace.
    b- Those persons sentenced to capital punishment prior to the passage of this act will have their sentences commuted to a non-capital sentence.
    c- Conducting actions equivalent to S2a or S2b shall be considered a breach of this act.

    Section 3- Capital Offences
    a- As a result of the passage of this act, there shall be no capital offences in peace or war .
    b- Maintenance by a member states of capital offences contrary to S3a shall be considered a breach of this act .

    Section 4- Overseas Extradition
    a- No member state can extradite an accused person to a state outside of the European Union where capital punishment is in operation and is a possible sentence for the crimes of which a person be accused.
    b- Any member state that commits an act contrary to S4a shall be in breach of this act .
    Section 5- Implementation & Enforcement

    a- This act shall come into immediate effect on the date of approval and shall override all national laws.
    b- The implementation of this act shall be overseen by the Office for the Commission of Internal Affairs.
    c- Failure to implement this act or actions which are a breach of this act as specified shall result in legal action through the European Court of Justice.

    Debating and Amending starts now ends in 48 hours at 23:30 GMT on Tuesday 17th March 2015

    Voting on amendments begins at that time and ends after 48 hours at 23:30 GMT on Thursday 19th March 2015

    Final voting then takes place and concludes at 23:30 GMT on Sunday 22nd March 2015



  • I'd amend the act so all of the redundant clauses about breaches of the act are removed. Really the only one if any that are needed is the one in Section V. Other than that, the People's Republic of Anatolia fully supports this Act. Every human has a right to life. Even those that take others. We as a Union should not lower ourselves to the level of murderers with such archaic punishments.


  • Commission

    I do propose the following amendment,

    QUOTE

    Amendment 1- Section 2c Amended to the following
    c- Conducting actions contrary to S2a or S2b shall be considered a breach of this act.

    (OOC- THe original insert was a typo, this is the correction

    AMENDMENT WITHDRAWN


  • Moderator

    I applaud this act. Every single human being has an inalienable right to life - even those of who have committed serious offences. Murder is murder. There is no difference between murdering an innocent and murdering someone who has committed sins. We do not have, nor do we deserve, the power of deciding who lives and who dies.


  • Commission

    "I support the words of my fellow councillors. It is so important that this bill goes on to pass so that the European Union can truly call itself a civilised region!"


  • Moderator

    Councillor Pickles, your amendment is quite arbitrary. As Councillor Iordanou has pointed out, it's redundant. I request that you withdraw your amendment after some careful consideration.

    I hereby propose the following amendments:

    Amendment 1

    QUOTE

    Section 2- Abolition of Capital Punishment
    a- All member states shall cease in the sentencing and implementation of capital punishment for those convicted of any offence on or after the date of passage of this act with immediate effect in war or peace.
    b- Those persons sentenced to capital punishment prior to the passage of this act will have their sentences commuted to a non-capital sentence.
    c- Conducting actions equivalent to S2a or S2b shall be considered a breach of this act.

    Amendment 2

    QUOTE

    Section 3- Capital Offences
    a- As a result of the passage of this act, there shall be no capital offences in peace or war .
    b- Maintenance by a member states of capital offences contrary to S3a shall be considered a breach of this act .

    Amendment 3

    QUOTE

    Section 4- Overseas Extradition
    a- No member state can extradite an accused person to a state outside of the European Union where capital punishment is in operation and is a possible sentence for the crimes of which a person be accused.
    b- Any member state that commits an act contrary to S4a shall be in breach of this act .



  • While the three Islamic Emirates in my nation may feel quite differently about this act, public opinion as well political support in my nation is generally in favor of this act. Capital Punishment was given up years ago for more ideal methods in Perinthus so we would more than welcome bringing this legislation to the EU level. There are issues with the act however, the amendment proposed by Councillor Pickles is a very good start to fixing it, however Section 4 seems unneeded. Overseas Extradition is dealt with by national reaties among two states, so the EU should avoid regional legislation dealing with a sensitive subject such as this one. If the EU were to focus solely on Inner EU Extraditions in another act then this would make sense, but in regards to International Extraditions? It doesn't, we are making the choice to, hopefully, end capital punishment in the EU. We should not go around policing the world telling people to stop the same, it is their nations with their own ideals. We have a constitution which clearly would ban Capital Punishment, perhaps those nations do not. Their judicial systems, their rules, our system, our rules. Justice needs to be served, but we in the EU are taking the correct path but we should not punish states for taking the wrong path. It sets a terrible international precedent, as well as a chance for it to bite us in the butt.

    Therefore, I propose the following amendment;

    QUOTE

    Section 4- Overseas Extradition
    a- No member state can extradite an accused person to a state outside of the European Union where capital punishment is in operation and is a possible sentence for the crimes of which a person be accused.
    b- Any member state that commits an act contrary to S4a shall be in breach of this act .


  • Commission

    "Very well, I withdraw my amendment.

    I also thank my colleagues for supporting this bill. It truly would be great to see it passed"


  • Moderator

    I wholeheartedly disagree, Councillor Tracey. This act does not force any state outside of the European Union to outlaw capital punishment. I don't see how it is "policing" countries outside of our sphere. Section 4 very clearly states that EU member states may not extradite accused persons to countries outside of the EU where capital punishment is used. Key word here is EU member states. Countries outside of the European Union may extradite accused persons to whichever countries they please.



  • Obviously, but it is attempting to use the EU's soft power to accomplish making each nation in the world capital punishment free. For an example, let us say Nation B which has capital punishment, had a string of murders done, the killer was found via concrete DNA evidence, but the killer escaped over to Inquista. Based on this Inquista can't extradite him or it risks violating this act therefore not allowing an element of justice.


  • Moderator

    This act is in no way trying to use soft power to accomplish anything outside of the EU, and the notion that this bill is attempting to influence "each nation of the world" is ridiculous. If a mass murder somehow got into Inquista undetected, then you're right, he couldn't be deported back to face his own certain death in his home country. Do I think he should be? Absolutely not. Even though this supposed person has taken lives, it is not right to take theirs. It would be up to Inquistan law to decide their fate. Does this effect other nations and their citizens? Yes. Much like how the laws of say, Icholasen or Halsberg, effect foreign citizens in their borders. But are these laws trying to force political policies on other nations? Not at all.


  • Mass Effect RP

    While I commend the spirit of the bill, I have some reservations. First and foremost is the lack of differentiation between times of war and times of peace. Circumstances are extremely different in a time of war, and capital punishment may be required. This act as it stands prohibits that, which is something I can't support. As such, I'd like to propose a couple of amendments:

    QUOTE

    Section 2- Abolition of Capital Punishment
    a- All member states shall cease in the sentencing and implementation of capital punishment for those convicted of any offence on or after the date of passage of this act with immediate effect in times of peace. In times of war, capital punishment shall be permitted.

    QUOTE

    Section 3- Capital Offences
    a- As a result of the passage of this act, there shall be no capital offences in times of peace.

    Amendments Withdrawn

    ((OOC: Also folks, can we start using a standard layout for these bills. I know its too late for this one but could we keep it in mind for the future. It should go Article > Section > Lower case letter > roman numerals, if necessary. Just makes them easier to read. Thanks.))


  • Moderator

    Interesting. Councillor Walters, could you please elaborate on the reasoning for your amendments? While I do understand that during times of war, that people of opposing factions may be directly harming one another, but do you really think that is sufficient reason to be given the right to execute persons during war time? What if those people weren't even fighting or involved in the conflict? Giving a government the ability to control the outcome of life and death is a powerful tool, and it can be greatly abused.


  • Mass Effect RP

    My reasoning is simple. In times of war, captured spies and military personnel who defect to the enemy, and such like this, can be a particular risk to the defence of our nations. In war, a country doesn't have the time or the resources to hold them prisoner indefinitely, in which case I see no other option other than capital punishment.

    Of course you raise a perfectly valid point, one which I must admit I hadn't thought of. I intended only for my amendments to apply to military personnel from the belligerent nations, but I can see that this is unclear and may give member states the power to, as you say, abuse the tools they've been given.

    I'd therefore like to withdraw my previous two amendments, and propose these instead:

    QUOTE

    Section 2- Abolition of Capital Punishment
    a- All member states shall cease in the sentencing and implementation of capital punishment for those convicted of any offence on or after the date of passage of this act with immediate effect in times of peace. In times of war, capital punishment shall be permitted with regards to military personnel of belligerent states.

    QUOTE

    Section 3- Capital Offences
    a- As a result of the passage of this act, there shall be no capital offences in times of peace. This does not apply to military personnel of belligerent states in times of war.

    Thank you to Councillor Firoux for pointing this out.



  • With your amendment, couldn't one just kill prisoners of war saying that they've committed a capital crime by raising arms against you nation? This is a potential loophole around the fair treatment of prisoners during wartime.



  • QUOTE (Anatolia @ March 15th, 2015 - 21:30)

    With your amendment, couldn't one just kill prisoners of war saying that they've committed a capital crime by raising arms against you nation? This is a potential loophole around the fair treatment of prisoners during wartime.

    Well I guess there aren't any current protections for prisoners of war. But this act could at least lead to a prisoner of war's right to live.


  • Commission

    I would also like to express concern in regards to the amendments proposed by the honorable member for Halsberg.

    I can understand the spirit of what he is proposing, however as has been mentioned previously, there is no real protection for combatants during wartime and I feel that there right to life once captured is of uppertmost importance. But my concern is that this could also that this could lead to massive genocide during a time of war. That people are executed en mass once they have surrendered their arms merely because the government feels that they have committed a wrong against their country. We do not want to see such a genocide within this region at all.

    Now, on the issues of the amendments proposed by the honorable member for Perinthus. We are not trying to influence other nations, we are not making laws which are in force in other nations outside of this region. We would be protecting the rights of all persons who enter within our borders. Capital punishment lowers us all down to the lowest level and in my opinion the killing of people who are believed to have committed crimes is the worst act that a state can commit. I agree with the member for Inquista and would like to echo his words that this does not impress our laws onto other nations outside of this region.

    Another issue that I would like to make in support of this bill is that of miscarriages of justice. In the past Davishire has used capital punishment, as many nations within this region have. And during that period which was several centuries long there was several well known miscarriages of justice which resulted in the state depriving somebody of their life. How can we be certain that today, even with modern and up to date technology miscarriages of justice do not take place? Is it fair that an innocent person be deprived of their life, the only life that they will ever have on this earth because of a mistake. No, not at all. No person should be deprived of their life regardless of the actions that they have committed. I hope that other member states see my point of view.


  • ECoJ

    "Even though Inimicus was long infamous for its usage of capital punishment, there have been no executions since our current monarch came to power and as such I support the spirit of this bill. It's quite ironic, actually, that Councillor Pickles proposes this Bill yet is leading the fight against the European Cannabis Act, even though this bill arguably takes away more national sovereignty than the bill two of our colleagues and I proposed. But that said, I do share the concerns of the Halsbergian Councillor. Wartime is not quite the same as times of peace, and exceptions have to be allowed. Overall, however, I find this bill an improvement of the Davishirian Councillor's recent council activity"

    **Ralph Jaevons **


  • Moderator

    Thank you Councillor Walters for the clarification and for proposing your new amendments. While I still fundamentally oppose capital punishment and execution during all times, I would be open for bipartisan compromise, as long as the act goes through.

    I would also like to reiterate Councillor's Jaevon's observation. Councillor Pickles' arguments for and against national sovereignty in this debate and the one concerning the decriminalization of cannabis are quite contradictory. It is also especially surprising, considering that capital punishment, which literally gives states the ability to control life and death, reaches far beyond the scope of national sovereignty in comparison to that of legalizing weed. Taking that in mind, and noting Councillor Pickles' spontaneous outbursts in this current debate, I should highly advise that Councillor Pickles should think more clearly before raising points or arguments.


  • Commission

    Okie Dokie, We are now ready to vote on the amendments proposed. They are as follows,

    Amendment Number 1- Cllr Firoux (removal of S2c)

    QUOTE

    Section 2- Abolition of Capital Punishment
    a- All member states shall cease in the sentencing and implementation of capital punishment for those convicted of any offence on or after the date of passage of this act with immediate effect in war or peace.
    b- Those persons sentenced to capital punishment prior to the passage of this act will have their sentences commuted to a non-capital sentence.
    c- Conducting actions equivalent to S2a or S2b shall be considered a breach of this act.

    Amendment 2- Cllr Firoux (removal of S3b)

    QUOTE

    Section 3- Capital Offences
    a- As a result of the passage of this act, there shall be no capital offences in peace or war .
    b- Maintenance by a member states of capital offences contrary to S3a shall be considered a breach of this act .

    Amendment 3- Cllr Firoux (removal of S4b)

    QUOTE

    Section 4- Overseas Extradition
    a- No member state can extradite an accused person to a state outside of the European Union where capital punishment is in operation and is a possible sentence for the crimes of which a person be accused.
    b- Any member state that commits an act contrary to S4a shall be in breach of this act .

    Amendment 4- By Perenthius (Removal of Section 4- Overseas Extradition)

    QUOTE

    Section 4- Overseas Extradition
    a- No member state can extradite an accused person to a state outside of the European Union where capital punishment is in operation and is a possible sentence for the crimes of which a person be accused.
    b- Any member state that commits an act contrary to S4a shall be in breach of this act .

    Amendment 5- Cllr Walters (Insert text seen in bold)

    QUOTE

    Section 2- Abolition of Capital Punishment
    a- All member states shall cease in the sentencing and implementation of capital punishment for those convicted of any offence on or after the date of passage of this act with immediate effect in times of peace. In times of war, capital punishment shall be permitted with regards to military personnel of belligerent states.

    Amendment 6- Collr Walters (Insert text seen in bold)

    QUOTE

    Section 3- Capital Offences
    a- As a result of the passage of this act, there shall be no capital offences in times of peace. This does not apply to military personnel of belligerent states in times of war.

    Voting on this lasts for 48 hours ending at 23:30GMT on Thursday 19th March 2015


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