Death Penalty Guidance for Stans

Guidance document for private law makers in a Stanistan who want to implement a death penalty in their Stans to reduce risk of wrongful excecution.

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By Jassa Singh Nihang

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Based on

Capital Punishment⁠

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Implementing procedures to minimize the risk of innocent people being wrongly sentenced to death is crucial in countries that still have the death penalty. While no system can completely eliminate the possibility of errors, there are several safeguards and best practices that can be put in place to reduce the risk:

Effective Legal Representation: Ensure that every defendant facing the death penalty has access to qualified and experienced legal counsel. This may involve appointing public defenders with expertise in capital cases.

Presumption of Innocence: Uphold the principle of "innocent until proven guilty." The burden of proof should rest with the prosecution, and they must demonstrate guilt beyond a reasonable doubt.

Quality of Legal Defence: Enforce standards for the quality of legal representation in capital cases, including mandatory training for defence lawyers and adequate funding for defence investigations.

Expert Witnesses: Allow defence teams to access expert witnesses who can provide testimony on forensic evidence, mental health issues, and other relevant factors that may impact the defendant's case.

Eyewitness Identification Procedures: Implement best practices for conducting eyewitness identification procedures to reduce the risk of misidentifications. This may include double-blind lineup procedures and clear instructions to witnesses.

Recording Interrogations: Require the electronic recording of all interrogations to prevent coercion, false confessions, and misconduct by law enforcement.

DNA Testing: Establish mechanisms for post-conviction DNA testing to review cases and potentially exonerate wrongfully convicted individuals.

Review of Evidence: Create post-conviction review processes to examine the validity of convictions, especially in cases where new evidence emerges.

Clemency and Appeals Process: Ensure that the clemency process is transparent and includes an independent review of evidence and circumstances. Provide multiple layers of appellate review to catch errors.

Transparency and Accountability: Make all aspects of the criminal justice system, including evidence, trial transcripts, and court proceedings, as transparent as possible to ensure public accountability.

Experienced Judges and Juries: Appoint judges and select jurors who have experience and training in capital cases and can make informed decisions based on the evidence presented.

Mental Health Assessments: Conduct thorough mental health assessments to identify any mental illness or intellectual disabilities that may affect a defendant's culpability.

International Human Rights Standards: Adhere to international human rights standards and agreements that call for the protection of the rights of individuals facing the death penalty.

Data Collection and Analysis: Continuously collect and analyse data on death penalty cases to identify patterns, trends, and potential sources of error.

Moratorium on Executions: Consider a temporary moratorium on executions while reviewing and improving the capital punishment system to reduce the risk of wrongful convictions.

It's important to note that the effectiveness of these procedures depends on their proper implementation and oversight. No system can guarantee the complete elimination of errors, but a commitment to fairness, transparency, and continuous improvement can help reduce the risk of innocent people being sentenced to death.

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For those facing the death penalty:

You can always leave the contract and be placed under the protection of the central state authority (Guru Khalsa Panth). This will require you to relinquish any benefits provided by your contract and end associations with the private authority. If the crime you committed breached the NAP, you will be dealt with by the public justice system.

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