Criminal Penalty and Jury Process Operational Resolution
Kaevi - Primary Author, Antanares - Secondary Author
Section I - DefinitionsArt. 1.0 - Defines “criminal” as any citizen, organization, nation, or alliance convicted by the Esamir Court of Justice or a jury of a crime against the laws of the United Nations of Esamir.
Art. 1.1 - Defines “citizen” as any human being residing within a nation of the United Nations of Esamir.
Art. 1.2 - Defines “organization” as a grouping of citizens not functioning as a nation.
Art. 1.3 - Defines “nation” as a sovereign government with the capacity to govern its people of at least one month in age in the Esamir Calendar.
Art. 1.4 - Defines “alliance” as a grouping of nations working in general cooperation.
Art. 1.5 - Defines “physical property” as non-living, tangible belongings that hold value. Defines “living property” as organisms that fall under the ownership of an individual or of an organization.
Art. 1.6 - Defines “penalty” as any action permitted by this document as punishment for breaking a regional law.
Art. 1.7 - Affirms that the entirety of this operational resolution shall pertain only to the Esamir supranational government. Nations within Esamir are not required to follow these guidelines.
Section II - PenaltiesArt. 2.0 - No citizen or member of an organization shall be given the penalty of death after the conviction of a crime.
Art. 2.1 - No nation shall be forced into permanent submission of another nation or have all lands permanently ceded to the regional government.
Art. 2.2 - The ESAMIR-Department of Defense may be called upon to enforce all penalties enacted.
Art. 2.3 - The Court or jury may order the transfer of monetary funds, physical property, and any living property to another entity.
Art. 2.4 - The Court or jury may give a prison sentence of one month to one hundred and ten years to a citizen of at least eighteen years of age. Citizens between the ages of twelve and eighteen may be sentenced to prison for a maximum of fifty years in the event an organ in the regional government defines further punishment for this age group. Otherwise, those between twelve and eighteen years of age may not be imprisoned. Citizens under twelve years of age may not be given a prison sentence.
Art. 2.5 - Orders the establishment of a prison on any property owned by the regional government to house citizens convicted of breaking a regional law.
Art. 2.6 - No citizen shall have any rights listed in the Safeguarding of Human Rights Act revoked as part of a penalty.
Section III - JuryArt. 3.0 - A jury may be called upon by the defense or the Court in a criminal case.
Art. 3.1 - A jury must consist of at least three members, but may have an odd number of members up to a size of seven. One member of a jury may be selected by the prosecution, while the defense may also choose one member. The Court shall appoint the remaining jury members.
As the author of this resolution, I now declare the end to the debate period. The voting period shall now begin, ending at 00:00 UTC on March 21, 2015. General Assembly members may submit a vote in favor, against, or abstention. Votes of abstention will count as votes in favor. The result will be determined via simple majority of total votes cast.