Post by Markanite on Aug 10, 2022 14:59:04 GMT -5
Rights For Crime Victims Act
A resolution to improve worldwide human and civil rights.
Category: Civil Rights
Strength: Significant
Proposed by: Chipoli
The World Assembly,
Determined to give crime victims the justice they deserve, along with the respect, civility, and fair treatment that they merit;
Noting that the accused are innocent until proven guilty;
Assured that crime victims can play a vital role in the criminal justice system due to their potential ability as a witness and their ability to provide an understanding of the seriousness of the crime in question;
Acknowledging that legislation (GA#247) regarding the rights of crime victims was previously passed but is no longer in effect;
Urging that the correct proceedings should be conducted in court to satisfy the rights of the crime victim without infringing the rights of the accused or any other parties;
Defines the following terms necessary for this proposal:
A “crime victim” is a person who has been verified by a competent authority as defined in the local jurisdiction to have prima facie evidence of having demonstrably suffered physical, emotional, financial, or sexual harm due to an alleged criminal offense by another individual(s).
“The accused” is a person who is charged with or being prosecuted for a crime against the victim.
“The convicted” is a person who has been convicted of a crime after being accused of it.
A “court proceeding” is any method of invoking the action of a court.
“Incompetent” is a term for a person who cannot testify or stand trial for reasons including but not limited to mental incapacity or physical disability.
Instructs all member nations to provide their crime victims with the following rights:
1. Rights to be protected from the accused, including but not limited to:
a. The right to be tested for serious illnesses the victim may have been exposed to by the accused during the crime.
b. Neither the accused nor any associates may harass, stalk, harm, or threaten the victim.
c. The accused may not contact the victim in any way without the presence of law enforcement unless the victim freely consents to the contact.
d. The crime victim may request the court to give protective orders to limit the disclosure of the victim's personal information unless some of the victim's information is necessary to determine the case's outcome, in which case only the essential information would be revealed.
2. Crime victims have the right to be informed about the following:
a. The victim has the right to be informed of their rights.
b. Crime victims have the right to be notified of any court proceeding involving the crime or any release or escape of the convicted unless the victim decides otherwise.
3. Crime victims can exercise their rights through an attorney or themselves. If the crime victim is incompetent, incapacitated, or deceased, the legal guardians of the crime victim or anyone else appointed as suitable by the court may assume the crime victim's rights.
4. Crime victims have the right to seek compensation from the convicted for any damages suffered as a result of the crime.
a. If a judge finds that the convicted is unable to pay their compensation, they will be put on probation in order to be able to find a source of income to pay the compensation.
5. Crime victims have the right to be referred to services that support victims and have them tailored to their needs.
This is the discussion thread. To cast your vote, go HERE
