[Draft] On The Ethics Of Bail Bonds

[The United Peoples of Centrism]

This is my first attempt at a resolution, feedback is welcome but please be constructive.
Category: Civil Rights | Strength: Mild

Making Bail Bonds Fair
A resolution to improve worldwide human and civil rights.

The World Assembly,

Believing that there is injustice inherent in the bail bond system;

Understanding that a system must be in place to hold the accused accountable before their trial;

Concerned that the rich can use the bail bond system as a means of escaping justice;

Noting that in many cases a bail bond is not necessary at all and provides undue burden on the poor;

Holding that a person’s financial status does not change their status in the eyes of the law;

Hereby,

DEFINES, for the purpose of this resolution, the following terms:

A “ bail bond”as a formal written agreement by which a person agrees to appear at a court hearing with the understanding that failure to perform the appear obligates the person to pay a sum of money or to forfeit money on deposit.

“Pretrial services” as services intended to assess the risk of the accused fleeing before their trial while out of jail on bond, to seek alternatives to a bailbond to keep the accused from fleeing before their trial, and to ensure that the accused is aware of their trial and has the means and preparation to appear before the court

COMPELS every nation to allow bail bonds only if the accused can afford to pay

REQUIRES that every nation create a Pretrial Services Agency or comparable organization

URGES nations to find other means of holding the accused accountable

The first draft is below

On Money Bonds
A resolution to improve worldwide human and civil rights.

The World Assembly,

Believing that there is injustice inherent in the bond system;

Understanding that a system must be in place to hold the accused accountable before their trial;

Concerned that the rich can use the bond system as a means of escaping justice;

Noting that in many cases a bond is not necessary at all and provides undue burden on the poor;

Holding that a person’s financial status does not change their status in the eyes of the law;

Concerned about the proliferation of bounty hunters and their dangers to public order;

Hereby,

DEFINES, for the purpose of this resolution, a bond as a formal written agreement by which a person undertakes to perform a certain act with the understanding that failure to perform the act obligates the person to pay a sum of money or to forfeit money on deposit.

FURTHER DEFINES, for the purpose of this resolution, bounty hunters as members of the public who, without legal training and often using any means necessary, pursue those who infringe upon their bail

COMPELS every nation to allow money bonds only if the accused can afford to pay

REQUIRES that every nation create a Pretrial Services Agency to determine whether a money bond is feasible or necessary

URGES nations to find other means of holding the accused accountable

MANDATES that all nations ban bounty hunting as an infringement of a citizen’s rights

The second draft is below

On The Ethics Of Bail Bonds
A resolution to improve worldwide human and civil rights.

The World Assembly,

Believing that there is injustice inherent in the bond system;

Understanding that a system must be in place to hold the accused accountable before their trial;

Concerned that the rich can use the bond system as a means of escaping justice;

Noting that in many cases a bond is not necessary at all and provides undue burden on the poor;

Holding that a person’s financial status does not change their status in the eyes of the law;

Concerned about the proliferation of bounty hunters who abuse the bond system and seek money instead of justice;

Outraged at the existence of bail bond companies that exist to take advantage of those who can not afford their bond in an effort to turn a profit

Hereby,

DEFINES, for the purpose of this resolution, the following terms:

A “bond”as a formal written agreement by which a person undertakes to perform a certain act with the understanding that failure to perform the act obligates the person to pay a sum of money or to forfeit money on deposit.

“Bail bond companies” as companies who offer a loan those who can’t afford to pay their bond in return for giving up their rights

“Bounty hunting” as the process by which independent contractors are hired by bail bond companies to capture individuals, often using force to achieve these means

“Pretrial services” as services intended to assess the risk of the accused fleeing before their trial while out of jail on bond, to seek alternatives to a money bond to keep the accused from fleeing before their trial, and to ensure that the accused is aware of their trial and has the means and preparation to appear before the court

COMPELS every nation to allow money bonds only if the accused can afford to pay

REQUIRES that every nation create a Pretrial Services Agency or comparable organization

URGES nations to find other means of holding the accused accountable

MANDATES that all nations end the predatory practices of bail bond companies and protect their citizens from vigilante bounty hunting

[The New California Republic]

MANDATES that all nations ban bounty hunting as an infringement of a citizen’s rights

OOC: This looks like a sneaky rider that has just tagged along at the end...

[The United Peoples of Centrism]

MANDATES that all nations ban bounty hunting as an infringement of a citizen’s rights

OOC: This looks like a sneaky rider that has just tagged along at the end...

So you're saying that the issues are unrelated and should be addressed separately?

[The New California Republic]

OOC: This looks like a sneaky rider that has just tagged along at the end...

So you're saying that the issues are unrelated and should be addressed separately?

Well it doesn't seem to relate explicitly to anything else in the text, so it should probably either be ditched or expanded upon.

[The United Peoples of Centrism]

So you're saying that the issues are unrelated and should be addressed separately?

Well it doesn't seem to relate explicitly to anything else in the text, so it should probably either be ditched or expanded upon.

This is my first attempt at a resolution, feedback is welcome but please be constructive.
Concerned about the proliferation of bounty hunters and their dangers to public order;

Would it help to replace that ^ with
"Concerned about the proliferation of bounty hunters who abuse the bond system and seek money instead of justice;"

[Separatist Peoples]

"I am unsure of how bounty hunting violates any rights. There is no right to be free of detention when the detainor is a government employee, so there is conversely no such detention when the detainor is a government contractor."

[Kenmoria]

“Why do you define the term ‘bounty hunters’ if you don’t use it in the proposal?”

[The United Peoples of Centrism]

"I am unsure of how bounty hunting violates any rights. There is no right to be free of detention when the detainor is a government employee, so there is conversely no such detention when the detainor is a government contractor."

Do you think bounty hunters can be considered contractors? I mean I suppose they are but they are hired by private bail bond companies

“Why do you define the term ‘bounty hunters’ if you don’t use it in the proposal?”

MANDATES that all nations ban bounty hunting as an infringement of a citizen’s rights

[Kenmoria]

"I am unsure of how bounty hunting violates any rights. There is no right to be free of detention when the detainor is a government employee, so there is conversely no such detention when the detainor is a government contractor."

Do you think bounty hunters can be considered contractors? I mean I suppose they are but they are hired by private bail bond companies

“Why do you define the term ‘bounty hunters’ if you don’t use it in the proposal?”

MANDATES that all nations ban bounty hunting as an infringement of a citizen’s rights

“That’s bounty hunting, not a bounty hunter. Unless you use the precise term defined there’s no point in defining it in the first place.”

[The United Peoples of Centrism]

Do you think bounty hunters can be considered contractors? I mean I suppose they are but they are hired by private bail bond companies

“That’s bounty hunting, not a bounty hunter. Unless you use the precise term defined there’s no point in defining it in the first place.”

Oh yeah ok I see what you mean, sure I'll correct that thanks

[Quappe]

"We reject this proposal as it sets a dangerous precedent for future restrictions on economic freedoms. We do not believe this proposal, if passed, will be effective at combating genuine poverty. For future drafts, we would like to see the "Pretrial Services Agency" mentioned in the proposal expanded upon and better defined."

[Frisbeeteria]

I think you need a better name for this proposal. You're talking about bail bonds, right?

When I see the phrase "money bonds", I immediately think Government / Municipal / Corporate / International bonds. The second tier for bonds would be people putting up Surety Bonds as a guarantee of performance. The idea of bail bonds isn't even in the initial list of considerations. You need a more accurate title.

[The United Peoples of Centrism]

I think you need a better name for this proposal. You're talking about bail bonds, right?

When I see the phrase "money bonds", I immediately think Government / Municipal / Corporate / International bonds. The second tier for bonds would be people putting up Surety Bonds as a guarantee of performance. The idea of bail bonds isn't even in the initial list of considerations. You need a more accurate title.

Any better or should it be more/less specific?

[Separatist Peoples]

"The title 'On X' is for essays, not international law."

[Separatist Peoples]

"I am unsure of how bounty hunting violates any rights. There is no right to be free of detention when the detainor is a government employee, so there is conversely no such detention when the detainor is a government contractor."

Do you think bounty hunters can be considered contractors? I mean I suppose they are but they are hired by private bail bond companies

"I'm still not sure how bounty hunters are violating right, even if they are hired by private bail bondsmen. They're repossessing collateral, and one presumes the recipient of the bail bond consented contractually to the method of repossession."

[The United Peoples of Centrism]

Do you think bounty hunters can be considered contractors? I mean I suppose they are but they are hired by private bail bond companies

"I'm still not sure how bounty hunters are violating right, even if they are hired by private bail bondsmen. They're repossessing collateral, and one presumes the recipient of the bail bond consented contractually to the method of repossession."

Ok so scrap anything pertaining to bounty hunters then I guess sure

[Araraukar]

COMPELS every nation to allow bail bonds only if the accused can afford to pay

OOC: Doesn't this scupper the whole idea, though? Or are you saying that you're fine with nations just keeping everyone imprisoned until trial?

[Imperium Anglorum]

COMPELS every nation to allow bail bonds only if the accused can afford to pay

OOC: Doesn't this scupper the whole idea, though? Or are you saying that you're fine with nations just keeping everyone imprisoned until trial?

This. The point of a bond, i.e a loan, is to get money that you need now, in exchange for a stream of payments in the future. People do not borrow because they are forced to (except under certain circumstances, like when Charles I's ever popular forced loans come around), but because they want to spend money they do not have in the moment. Economists call this liquidity preference, when talking about credit markets.

If you could just pay it, what's the point of the bond?

Unless you are saying that bonds should only be given if the accused can afford to pay the stream of income associated with the bond. That also has some problems. If the accused can default, why would anyone give them a loan at a rate set solely be their ability to pay? They could strategically default on the loan, which means the lender is out a lot of money. This is a risk premium, and (generously, for the argument) prohibiting it from being considered means that far fewer people can raise money for bail and instead are stuck in jail until trial. That has associated knock-on effects for their dependents, etc.

The actual way to solve this is to reform bail as a system. Perhaps pegging it to one's income and wealth. But that doesn't seem to be inside the scope of this proposal.

[Araraukar]

[Lots of words]

OOC: I think you may have sort of said it somewhere in there, but my point was more "if the accused can afford to lose the money, what's to stop them from just running off?" In my understanding the bail amounts are generally set to be high enough that you'll be discouraged from running away as you can't really afford to lose that much money. And that if that (high amount you can't afford to lose) is being banned, then it'd be in the interests of the justice system to just keep them imprisoned until the trial, to avoid them fleeing. Which could then, like you said, have serious issues for their finances in general, or children or other dependants.

[Imperium Anglorum]

Most people don't run, whatever figure you set bail at. Obviously there are some, but that's not as many. I'm concerned more about the supply of loanable funds to bail bonds and the reason why one would even take one out in the first place.

[Araraukar]

Most people don't run, whatever figure you set bail at.

OOC: And most people don't break the laws enough to need a bail set in the first place. That's kinda besides the point.

I'm concerned more about the supply of loanable funds

I hope that one of these days you come to realize that there's more to life than money.

[Bears Armed]

OOC
Americocentric. The specific system of 'Bail Bondsmen' and bounty-hunters about which you're complaining is not used in every country that allows bail, not even in RL.

[Separatist Peoples]

Most people don't run, whatever figure you set bail at.

OOC: And most people don't break the laws enough to need a bail set in the first place. That's kinda besides the point.

I'm concerned more about the supply of loanable funds

I hope that one of these days you come to realize that there's more to life than money.

Ooc: true. Sometimes you need power, too.

[Araraukar]

Ooc: true. Sometimes you need power, too.

OOC: That reminds me of Jeremy Clarkson... "More power!"

[Maowi]

A “ bail bond”as a formal written agreement by which a person agrees to appear at a court hearing with the understanding that failure to perform the appear obligates the person to pay a sum of money or to forfeit money on deposit.

OOC: This might be some legal terminology that I'm ignorant of, but shouldn't this just say '...with the understanding that failure to appear obligates the person...'?

Ooc: true. Sometimes you need power, too.

OOC: That reminds me of Jeremy Clarkson... "More power!"

And on that bombshell...