[DRAFT] On Death Penalty and Capacity

[Deleted]

The aim of this resolution shall be to outlaw the use of the capital punishment on individuals who lack sufficient mental capacity. That includes children as well, because allowing the execution of such persons is one thing that a majority are likely to agree on. Written in a style of a repeal resolution as most of you will have seen, my aim is to keep it simple and straight to the point.

This proposal has no intention of blocking further restrictions of the death penalty.

On Death Penalty and Capacity A resolution to improve worldwide human and civil rights. Category: Human Rights | Strength: Significant | Proposed by: Charlotte Ryberg The World Assembly, NOTING that individuals without sufficient mental capacity due to age, mental illness and/or other impediments may commit crimes for which they cannot understand the gravity of the transgression; REALISING that the use of capital punishment against an individual incapable of recognizing the transgression committed denies them the chance to realise the wrong, change their ways and become better individuals; BELIEVING that the use of capital punishment against such individuals causes equal or greater level of grief to their family and friends as the level of grief the victim's family and friends face; FURTHER BELIEVING that the threat of capital punishment against such individuals strikes unnecessary fear and intimidation into them and their family, hurting their development and the hopes for their own future; CONVINCED, on balance, that the use of capital punishment against an individual incapable of recognizing the transgression committed causes more emotional and social harm than the claimed purpose of carrying out justice; Hereby, ABOLISHES the use of capital punishment on individuals who lack sufficient mental capacity, who are incapable of recognizing the transgression committed in all member states.

If you think an outright abolition of the death penalty is appropriate, I'm free to have a good attempt at it.

The only way to know how good a resolution is... is to try it out first.

[Wordy]

To me this looks good.

[Cerb]

This may be defined in another resolution, but who determines if they are mentally capable?


A general question:
Is the age of accountability defined somewhere?

I'm fine with executing the 14 year old grandma slayer of Cerberion.

[Magthere]

Yeah there are some areas of vagueness that need to be clarified.

[Deleted]

Updated draft:

The World Assembly, NOTING that individuals without sufficient mental capacity due to age, mental illness and/or other long term impediments ( other than alcohol or drug abuse) may commit crimes for which they cannot understand the gravity of the transgression; DEFINING an "impediment", for the purpose of this resolution, as a non-transient condition that negatively affects a persons mental judgement as a result of disability, disease or injury; but not because of alcohol or drug abuse; REALISING that the use of capital punishment against such individuals incapable of recognizing the transgression committed denies them the chance to realise the wrong, change their ways and become better individuals; BELIEVING that the use of capital punishment against such individuals causes equal or greater level of grief to their family and friends as the level of grief the victim's family and friends face; FURTHER BELIEVING that the threat of capital punishment against such individuals strikes unnecessary fear and intimidation into them and their family, hurting their development and the hopes for their own future; CONVINCED, on balance, that the use of capital punishment against such individuals causes more emotional and social harm than the claimed purpose of carrying out justice; Hereby, DIRECTS all member states to abolish the use of capital punishment on individuals incapable of recognizing the transgression committed, due to age, mental illness and/or other long term impediments (other than alcohol or drug abuse).

May I point out that the definition of age has caused more arguments on the official forum debate than mental capacity and comprehension in general. If I defined an age of majority some ambassadors tend to find a really easy loophole, that is, to set a lower age to "bypass" the requirements.