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Convict Appellate Rights GA#1; A General Assembly Proposal
Topic Started: Jun 10 2012, 05:58 PM (50 Views)
Andropoland
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GENERAL ASSEMBLY RESOLUTION AT VOTE
Convict Appellate Rights
A resolution to improve worldwide human and civil rights.
Category: Human RightsStrength: SignificantProposed by: Posted Image Ossitania

Description: The World Assembly,

CONSCIOUS of the possibility of innocents being wrongfully convicted of crimes which they did not commit,

BELIEVING that anyone wrongfully convicted of a crime should have a chance to appeal that conviction,

Hereby

DEFINES "convict" as a person who has been declared criminally responsible for one or more illegal acts,

DECLARES that all member-states shall create a legal mechanism by which convicts may appeal their conviction,

REQUIRES member-states to allow such appeals when one or more of the following is true;

  • evidence has emerged that was previously unavailable which suggests the conviction was factually false,

  • it can be shown that proper legal procedure was not followed in the course of the trial,

  • there is reason to believe that the court decided a question of law incorrectly,

  • there is compelling evidence suggesting improper bias on the part of the judge or jury,

PLACES the duty of deciding whether there are sufficiently compelling grounds for an appeal with the judiciary,

PROHIBITS the limitation or restriction of the right of convicts to appeal their convictions based on time passed since conviction,

AFFIRMS the right of member-states to grant broader appellate rights than those mandated by this resolution and to place a reasonable ceiling on the number of appeals that a convict may lodge.
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