HB 20-6: Military Justice Act (Passed)

[YE]

MILITARY JUSTICE ACT

HOUSE BILL

Be it resolved in the Atlasian Congress Assembled,

SECTION 1.

1. This Act may be cited as the "Military Justice Act”.

SECTION 2.

1. The following crimes may not be punishable by death under the Uniform Code of Military Justice, whether during times of peace or war:
a) Mutiny or sedition
b) Misbehavior before the enemy
c) Subordinate compelling surrender
d) Improper use of countersign
e) Forcing a safeguard
f) Aiding the enemy
g) Espionage
h) Improper hazarding of vessel
i) Rape
j) Desertion
k) Assaulting or willfully disobeying a superior commissioned officer
l) Lurking as a spy or acting as a spy
m) Misbehavior of a sentinel or lookout

2. Executions imposed by military tribunals shall be conducted by firing squad.

3. Executions conducted during peacetime and occurring within the territory of the Republic of Atlasia shall be in a public space.

Sponsor: SWE
72 hours to debate

[Unconditional Surrender Truman]

What crimes may be punishable by death?

[Dr. MB]

What crimes may be punishable by death?

Murder is the only one left.

[Pericles]

The death penalty should be abolished in its entirety tbh, I thought it already had been but sadly it seems I was incorrect.

[Unconditional Surrender Truman]

What crimes may be punishable by death?

Murder is the only one left.

It will be interesting to hear the sponsor's reasoning. From my perspective, several of these would seem morally equivalent to murder in a war setting, so I'm not sure why the death penalty isn't simply abolished by this bill.

[YE]

I thought we already abolished the death penalty.

[Sestak]

I thought we already abolished the death penalty.

The UCMJ covers the military justice system, which is separate from the standard ("Article III" in the US) ciriminal justice system.

[RC (a la Frémont)]

Amendment proposal:

MILITARY JUSTICE ACT

HOUSE BILL

Be it resolved in the Atlasian Congress Assembled,

SECTION 1.

1. This Act may be cited as the "Military Justice Act”.

SECTION 2.

1. The following crimes may not be punishable by death under the Uniform Code of Military Justice, whether during times of peace or war:
a) Mutiny or sedition
b) Misbehavior before the enemy
c) Subordinate compelling surrender
d) Improper use of countersign
e) Forcing a safeguard
f) Aiding the enemy
g) Espionage
h) Improper hazarding of vessel unless intentional
i) Rape
j) Desertion as a low ranking officer (NCO and below)
k) Assaulting or willfully disobeying a superior commissioned officer
l) Lurking as a spy or acting as a spy
m) Misbehavior of a sentinel or lookout

2. Executions imposed by military tribunals shall be conducted by firing squad.

3. Executions conducted during peacetime and occurring within the territory of the Republic of Atlasia shall be in a public space

[YE]

24 hours to object.

[Dr. MB]

Objecting to the amendment.

[YE]

72 hour amendment vote now open.

[Dr. MB]

Nay

[fhtagn]

Aye

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Abstain

[At-Large Senator LouisvilleThunder]

Aye

[YE]

Nay.

[Mr. Reactionary]

I will say, while im personally not opposed to the death penalty as an option for the violent rape of a small child, the Supreme court has spoken otherwise: https://en.m.wikipedia.org/wiki/Kennedy_v._Louisiana

[windjammer]

Well,
We need more court cases.

[RC (a la Frémont)]

Aye

(If this doesn't pass, I'd propose f and g are taken out anyway since it's literal treason.)

[Dr. MB]

Aye

(If this doesn't pass, I'd propose f and g are taken out anyway since it's literal treason.)

Which, while a bad and dangerous thing to do, still isn't worthy of death.

[lLamamano777]

Aye

(If this doesn't pass, I'd propose f and g are taken out anyway since it's literal treason.)

Which, while a bad and dangerous thing to do, still isn't worthy of death.

While g is debatable and could go either way, I disagree with your opinion about f, aiding the enemy is treason flat out, although it should be mentioned that if they were interrogated and/or forced against their will to aid the enemy that is a passable offense, but if one is willingly aiding the enemy by providing information to ally properties, it should be faced with death.

[Poirot]

Nay

I will respect the HOH, I mean sponsor, wishes on this. I would find more interesting to debate death penalty in certain cases for civilian court. Since it's not legal in civilian court, I don't like the double standard for military court and the different crimes it could apply, like non violent crimes. I'm confused in my opinion.

[Former President tack50]

Nay

I will respect the HOH, I mean sponsor, wishes on this. I would find more interesting to debate death penalty in certain cases for civilian court. Since it's not legal in civilian court, I don't like the double standard for military court and the different crimes it could apply, like non violent crimes. I'm confused in my opinion.

Well, the ban for the death penalty in civil cases is stated in the Atlasian Constitution; Article 1, Section 9:

No person accused of crimes under the laws of this Republic, or of the several Regions, shall be compelled to bear witness against themself, nor subjected to excessive bail, nor cruel or unusual punishment. Capital punishment may not be prescribed by a civilian court of law

Of course there is nothing that stops you from introducing a constitutional amendment to reinstate the death penalty for civilian cases, though it is unlikely to get passed.

[YE]

Amendment tied 3-3-1. Need VP to break hold on.

[Pericles]

Nay.

The death penalty should not be used at all.