Post by balok on Dec 5, 2006 10:51:57 GMT -5
I posted this elsewhere, but decided to see if I could get some responses with a new thread. Were I a resident of 616, this is what I would want to see change before I could support the registration act.
- Registration is not mandatory. However, premeditated use of powers (either to break the law or enforce the law) by an unregistered individual would be a crime. Rationale: Individuals with these abilities or skills can be dangerous and there is a public safety interest in being aware of those individuals who use these dangerous abilities.
- The government cannot legally compel service from individuals possessing powers or technical gifts (ie. Iron Man types), registered or otherwise. It may request, but it may not coerce without violating this law. It may not approach individuals who are not registered even if it has discovered their identity through other means. This provision could be suspended only if the country were invaded. Rationale: Slavery is immoral. To be distinguishable from slavery, compulsory public service must be based on significant need.
- Individuals in violation of the act may not be detained without due process, and must be accessible to legal representation (subject to reasonable security checks). Individuals may not be detained in an dangerous location, such as the negative zone. Detainment facilities must be subject to investigation by independent agencies (subject to reasonable security checks) that wish to assess prisoner care conditions (e.g. The Red Cross, Amnesty). Rationale: Individuals in this country are entitled to due process per the Constitutional protections.
- Torture is illegal in all circumstances. Torture is defined as the infliction of mental or physical harm or discomfort, whether lasting or not, directly (an act) or indirectly (by omission of care, food, deprivation of sleep, and suchlike). Rationale: Torture is morally wrong in all circumstances.
- It is not a crime to use one's abilities in self-defense against mortal peril, nor does doing so require registration (although the law wouldn't prevent the government from investigating and gathering data that might amount to de facto registration), UNLESS the individual demonstrated gross negligence or depraved indifference in the use of those powers to the extent of endangering the lives of others. Rationale: Individuals must be free to defend themselves as long as they use appropriate force and do so without recklessly endangering others. If you use your lazer gaze to defend against an attacker, that's okay. If you spray the crowd because you think your attacker is hiding among them and you want to get him, that's not. The use of inherent powers for this purpose is no different than another man's use of his fists or a handgun.
- Transitory non-citizens are not required to register, but if they commit crimes in this country they will be treated as would a citizen who breaks these laws. At the end of any sentence they would be deported and declared ineligible for re-entry. Individuals protected by diplomatic immunity retain that protection but may be ejected and declared persona non grata. Non-citizens residing here for longer than six months would be subject to the act as if citizens. Undocumented immigrants are guilty of a crime (illegal entry) and are therefore subject to the act to the same degree as other non-citizen criminals. Rationale: Transitory foreign visitors who conduct themselves in an orderly fashion should not be subject to United States bookkeeping. Semi-permanent non-citizens should be subject to the act under the rubric of public safety, as in the first point. Foreign visitors who commit crimes are no different than citizens who commit crimes, and further are not desirable as citizens or visitors in the future.