[Passed] [ga]: Bail Conditions Arrangements

[Lenlyvit]

General Assembly Resolution

Bail Conditions Arrangements

A resolution to enact uniform standards that protect workers, consumers, and the general public.

Category: Regulation

Area of Effect: Legal Reform

Proposed by: Simone Republic

The World Assembly (WA),

Noting that the right to a fair trial and due process have been long-standing concerns for the WA;

Recognizing that no regulations govern bail arrangements, especially excessive cash bail that discriminates against the poor;

1. Hereby defines:

a. “Bail” to mean conditions imposed on the conduct of a suspect in return for releasing a suspect from custody prior to a hearing, such as, in order of severity:

i. own recognizance;

ii. restrictions of conduct, such as, merely as examples, curfews or confinement to particular residence(s) or workplace(s);

iii. the pledge of cash or items of monetary value ("cash bail") which may be forfeited if a suspect fails to return to court;

b. “Charges” to mean the offences for which a suspect has been duly charged with;

c. “Court” to mean a competent judicial body adjudicating on criminal matters in the WA state ("that WA state") where the suspect is facing the charges;

d. “Hearing” to mean a court hearing, including pre-trial proceedings, trials, and appeals;

e. “Suspect” to mean any individual facing charges, or who has been convicted but has not exhausted all appeals, according to the judicial process of that WA state;

2. Hereby requires that a suspect may not be denied bail by a court unless:

a. the suspect is found to have a prima facie case to answer or is duly indicted; and

b. the suspect is charged with a "serious" criminal offence as defined by the laws of that WA state; and

c. the suspect satisfies at least one of the conditions in the following sub-clauses:

i. The suspect is deemed by the court to be:

1. hostis humani generis;

2. charged by that WA state with an offence pursuant to aut dedere aut judicare; or

3. at extreme risk of:

i. absconding;

ii. self-harm;

iii. endangering the safety or welfare of anyone else; or

ii. The suspect has a demonstrable track record of:

1. repeatedly failing to meet all conditions of bail determined by a court; or

2. attempt(s) to interfering with witnesses or otherwise obstructing the course of justice;

3. Hereby requires a court to consider imposing bail conditions other than cash bail only if less severe alternatives are deemed grossly inadequate for the purpose of bail and solely as an alternative to not granting bail altogether;

4. Hereby requires a court, if it decides to impose cash bail, to:

a. Ensure that it is used only if the court deems the suspect to be extremely likely to abscond and has the means and incentives to do so; and

b. Satisfy itself that the amount of cash bail should reflect the financial circumstances of the suspect; and

i. likely for the suspect to raise such funds without facing financial ruin; and

ii. not exceeding the maximum penalty and/or restitution required if the suspect is convicted and all appeals exhausted;

c. Inform the suspect of the cheapest means to raise such funds, such as (as an example) through charities, if that WA state permits cash bail and permits funds to be raised via commercial means;

d. Inform the suspect, if the suspect is a citizen of another state, to potentially seek assistance from that other state to help fund the cash bail;

5. If a suspect that utilized commercial means to raise funds for bail is acquitted (or vacated) of the offence(s), the full commercial cost of the bail should be compensated for;

6. Hereby directs a court:

a. To apply leniency in granting bail towards anyone charged for a first-time alleged offence, or for crimes that are not violent in nature;

b. To not revoke bail unless due to extreme changes in circumstances, such as (merely as an example) if the suspect is duly convicted of another offence when out on bail;

7. Hereby deems it an offence for anyone:

a. In a capacity as law enforcement officer or as a prosecutor to offer bail conditions as part of a plea-bargain;

b. To coerce or entice a suspect into declining to apply for bail;

8. Hereby clarifies that this resolution does not:

a. Prohibit a suspect from voluntarily declining to apply for bail for any reason;

b. Prohibit a WA state from restricting or banning cash bail (or commercial forms of cash bail) altogether;

c. Interfere with a court's decision not to grant bail altogether;

9. The judiciary of that WA state is responsible for interpretation of this resolution.

This is the discussion thread. To cast your vote, go HERE

[Jabberwocky]

I like the way this reads, and item #9 gives each nation some latitude for interpreting the law.FOR.

[Pantso]

For anyone interested (based on my very, very amateur legal scholarship):

"prima facie case" in 2.a refers to a case where it's clear "at first sight" that there's enough evidence to proceed to trial; as in when you're caught red-handed and you don't dispute the facts of the case the prosecution presents. Bail could be denied in this case.

"hostis humanis generis" in 2.c.i.1 means "an enemy of mankind". The term is used to refer to people outside the reach of the law (literally an outlaw) and a person declared "hostis humanis generis" can be detained, tortured, or executed legally by anybody - they are no longer under the protection of the judicial system. If the court determines the suspect is an outlaw, bail could be denied.

"pursuant to aut dedere aut judicare" in 2.c.i.2 refers to a nation's obligation to pursue international criminals; this passage relates to criminals caught in one nation who committed a serious crime in another. If this is the case, the court could deny bail.

I think that's all the Latin out of the way; if anyone would like to correct my interpretations then please, by all means, do so. The Republic of Pantso sees some value in this resolution and has no quarrel with any of its article; we will recommend For.

[Astrobolt]

Against due to the inclusion of terms such as « hostis humanis generis » and « aut dedere aut judicare ». Stop using complicated latin terms when Engish terms fit the bill better. This stuff makes the GA inaccessible to newer players and too legalistic.

[The CFR of Kaltovar]

We support this resolution. Many nations are badly in need of bail reform. It's a wretched system.