Constitution for Americas-Union-Article 15-Crime and Justice



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2. Universal Principles

Article 15- Crime and Justice

15.1

Crime

Crime is defined as an act or the commission of an act that is either (a) forbidden by law or (b) the omission of a duty that is commanded by law enacted and in force by the instruments of this constitution.

The definition of a crime, its category in terms of seriousness and associated punishments shall be defined as a criminal code.

15.2

The existence of crime

That laws are made means there will always people and institutions that breach them. The degree to which laws are breached is a balance between the general fair purpose and intention of the law and is enforcement.

Strong and fair laws not enforced will result in higher crime. Unjust and unfair laws will result in high crime even if tough enforcement measures are in place.

A goal of this constitution and of all laws created as a result of it shall be to ensure the lowest possible rate of crime through a balance of fair law and fair enforcement.

15.3

Justice and crime

When a crime is committed, an offence has occurred. Where a crime involves a serious offence, the impact may include the trauma of family, friends and a whole community.

For the functioning of society, fair justice must be done. For fair justice to be done, a wise balance must be established.

15.4

Punishment and resolution

Evil begets evil. Injustice breeds injustice. A system that creates concentrations of evil in the form of barbaric prisons and executes citizens against its will is an unjust society that will never find peace and resolution in responding to crime.

For a system to be fair and just, for an offence to be resolved as wisely as possible, the entire nature of punishment versus the remorse and willingness of the offender to atone and reform needs to be considered.

Damnation of a soul simply adds to the greater misery and evilness in the world. What is greater than any damnation is forgiveness and a choice of appropriate punishment through the choice of absolution or penitence by an offender.

15.5

Absolution and penitence

The sentencing of punishment for crimes committed shall always be based on the principle of the convicted offender having a choice between a punishment relating to a program of eventual absolution or a punishment program relating to a period of penitence.

A choice of absolution shall always be associated with a convicted offenders public admission of guilt and remorse for the crime and willingness to atone. In response the punishment should be commensurate with the crime but with the opportunity of eventual absolution.

In contrast, an absence of guilt, or genuine remorse shall always be associated with penitence and with longer periods of incarceration.

15.6

Model of absolution and penitence

The following model shall be used as the basis of framing appropriate sentencing of convicted offenders. All crimes shall be coded according to the seriousness of the crime and the seriousness and severity of sentences.

Severity	Absolution	Penitence
Capital	Choose to be put to death	Choose mental incapacitation
Severe	Choose mental modification and internal chip monitoring	Choose life or permanent imprisonment
Serious	Choose behaviour modification, electronic monitoring and repayment	Choose significant prison term (up to 15 yrs)
Major	Choose behaviour modification and repayment	Choose prison term (up to 5 yrs)
Minor	Choose behaviour modification and repayment	Choose community service
Infringement	Choose behaviour modification and repayment	Choose juvenile detention

15.7

Union register of criminal codes

A Union register of uniform criminal codes shall be in force so that one law exists for all people in all parts of the Union.

15.8

National criminal index

All crimes and convicted criminals shall be listed on the Union criminal index matched to the Unique Person Index system. The index is for the purpose of security and disclosure of a person past history. The listing on the register of a person is not permanent, but determined according to the level conviction and whether the sentence was one of absolution or penitence.

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