[Draft] Curbing the Usage of Incarceration Related to Debt..

[Moldona]

Topic: "Curbing Incarceration Referencing Fiscal Insolvency" [Draft 3]

Category: Human Rights, Moral Decency | Strength: Strong
Proposed by: Moldona

Description:

The General Assembly,

• Recalling the Charter of Civil Rights "COCR", World Assembly Resolution #35, Articles 1(c) and Articles 2(a) protecting the rights of and protecting from discrimination of those of differing economic grounds,

• Deeply disturbed by the blatant usage of Criminal Justice Systems of member states to restrict freedoms and incarcerate those who are fiscally insolvent and unable to pay court-ordered judgments until those affected can pay off or work off their debt,

• Fully aware that individuals that commit crimes or owe penance to the state or injured parties deserve to be held accountable for their actions

Hereby,
I. PROPOSES that member nations’ criminal law systems and civil litigation procedures take into account their citizens’ ability to be held fiscally for their crimes and incarcerated,

II. CLARIFIES that those who cannot pay for the court’s or injured parties’ fines be responsible for community service and serve appropriate time on probation for an equivalent amount of time as directed by appropriate magistrates or panel of judges thereby,

III. GRANTS Special Exceptions wherein those who have committed capital crimes be exempted from this ruling due to the nature of their crimes,

IV. PROVIDES for the ability for those currently incarcerated due to fiscal insolvency or inability to pay fines or debts related to incarceration or subsequent trial related expenses the ability to appeal for time served and appropriate judgment of civil fines

V. URGES member states to cap punitive fines against those of low fiscal solvency and work with alternative civil and criminal judgments related to promoting Human Rights and civil welfare,

VI. REQUIRES member states to institute an action plan related to adopting and executing the articles of this proposal within no less than six months from the adoption of this proposal.

Topic: "Curbing the Usage of Incarceration Related to Debt & Fiscal Insolvency"

Category: Human Rights, Moral Decency | Strength: Strong
Proposed by: Moldona

Description:

The General Assembly,

• Recalling the Charter of Civil Rights "COCR", World Assembly Resolution #35, Articles 1(c) and Articles 2(a) protecting the rights of and protecting from discrimination of those of differing economic grounds,

• Deeply disturbed by the blatant usage of Criminal Justice Systems of member states to restrict freedoms and incarcerate those who are fiscally insolvent and unable to pay court-ordered judgments until those affected can pay off or work off their debt,

• Fully aware that individuals that commit crimes or owe penance to the state or injured parties deserve to be held accountable for their actions

Hereby,
I. PROPOSES that:
a. Member nations’ criminal law systems and civil litigation procedures take into account their citizens’ ability to be held fiscally for their crimes and incarcerated,

II. CLARIFIES that:
a. Those who cannot pay for the court’s or injured parties’ fines be responsible for community service and serve appropriate time on probation for an equivalent amount of time as directed by appropriate magistrates or panel of judges thereby,

III. GRANTS:
a. Special Exceptions wherein those who have committed capital crimes be exempted from this ruling due to the nature of their crimes,

IV. PROVIDES for:
a. The ability for those currently incarcerated due to fiscal insolvency or inability to pay fines or debts related to incarceration or subsequent trial related expenses the ability to appeal for time served and appropriate judgment of civil fines

V. URGES member states to:
a. Cap punitive fines against those of low fiscal solvency and work with alternative civil and criminal judgments related to promoting Human Rights and civil welfare,

VI. REQUIRES member states to:
a. Institute an action plan related to adopting and executing the articles of this proposal within no less than six months from the adoption of this proposal.

[Aynia Moreaux]

Being very new to actually getting involved in the drafting process, and really getting into it because my citizens are starting to draft legislation and I want to support them wholeheartedly, I don't see anything wrong with this and I actually really like the idea behind it and think it's a very good cause.

Too often people in low income brackets are imprisoned simply because they don't have the money to pay, and that isn't fair. You should get to walk free sooner just because you have deeper pockets.

[False Dichotomy]

OOC:

Sincerest apologies for my departure to OOC right away, but I do have a question relating to formatting/structure: why are your operative clauses split out into two lines?

I'd recommend that:

I. PROPOSES that:
a. Member nations’ criminal law systems and civil litigation procedures take into account their citizens’ ability to be held fiscally for their crimes and incarcerated,

Becomes:

Proposes that member nations' criminal law systems and civil litigation procedures take into account their citizens' ability to be held fiscally for their crimes and incarcarated,

And so on. (Also, I'm not sure about how fitting "proposes" is as an operative verb)

IC critique to follow.

[Moldona]

OOC: It's alright that you departed immediately, this is my first drafting of a WA legislation, and I was doing some reading of previously adopted/passed legislation and mirrored some of the cadences of having operative clauses split, though having just one subset seemed a bit extraneous. I figured in case other nations that posted critiques like addendum that should be added, would have a place then to be broken out and sorted into.

Thank you False Dichotomy for the formatting critique- I have posted Draft #2 for consideration, and would like if possible any additional criticism, constructive or otherwise, as to my proposal.

I would like to get better at drafting, and feel there are definitely enough talented individuals here that I would love to pick their brains regarding proposal writing.

//OOC

[Moldona]

Topic: "Curbing the Usage of Incarceration Related to Debt & Fiscal Insolvency" [Draft 2]

Category: Human Rights, Moral Decency | Strength: Strong
Proposed by: Moldona

Description:

The General Assembly,

• Recalling the Charter of Civil Rights "COCR", World Assembly Resolution #35, Articles 1(c) and Articles 2(a) protecting the rights of and protecting from discrimination of those of differing economic grounds,

• Deeply disturbed by the blatant usage of Criminal Justice Systems of member states to restrict freedoms and incarcerate those who are fiscally insolvent and unable to pay court-ordered judgments until those affected can pay off or work off their debt,

• Fully aware that individuals that commit crimes or owe penance to the state or injured parties deserve to be held accountable for their actions

Hereby,
I. PROPOSES that member nations’ criminal law systems and civil litigation procedures take into account their citizens’ ability to be held fiscally for their crimes and incarcerated,

II. CLARIFIES that those who cannot pay for the court’s or injured parties’ fines be responsible for community service and serve appropriate time on probation for an equivalent amount of time as directed by appropriate magistrates or panel of judges thereby,

III. GRANTS Special Exceptions wherein those who have committed capital crimes be exempted from this ruling due to the nature of their crimes,

IV. PROVIDES for the ability for those currently incarcerated due to fiscal insolvency or inability to pay fines or debts related to incarceration or subsequent trial related expenses the ability to appeal for time served and appropriate judgment of civil fines

V. URGES member states to cap punitive fines against those of low fiscal solvency and work with alternative civil and criminal judgments related to promoting Human Rights and civil welfare,

VI. REQUIRES member states to institute an action plan related to adopting and executing the articles of this proposal within no less than six months from the adoption of this proposal.

[Tinhampton]

Topic: "Curbing the Usage of Incarceration Related to Debt & Fiscal Insolvency" [Draft 2]

I: Title is too long (70chars, max 52). Suggested replacement: "Against Punitive Legal Fees."
II: Put new drafts in OP. Spoiler old drafts
III: Does this actually do anything apart from require member states to plan for something they're encouraged to do? owo
IV: I need slep. *BOOPS HERSELF*

[Moldona]

OOC - Thanks, Tinhampton for the critique. The reason I have the last article there is because can it be expected that every country adopts the legislation immediately, understanding that their nation's criminal courts and civil litigation procedures would be re-written and codified immediately? I figured six months was a reasonable timeframe for adoption.

[Araraukar]

OOC: "Proposes" doesn't actually do anything, just so you know. I don't think it even counts as a Mild strength clause like "urges" does.

And I don't think this is, currently, a Strong strength proposal, given that you're legislating on an incredibly tiny subset of cases. Not sure of Significant either, given the narrow topic and only one proper mandate (clause 6).

Also this seems to currently talk only about debts incurred in relation to legal fees (attorneys' fees and such). Was that intentional?

[Wallenburg]

viewtopic.php?f=9&t=30&p=36502273&hilit=Debt#p36502273

[Imperium Anglorum]

It doesn't appear to me that this proposal is actually about debt at all, it seems more to be about making fines proportional (in some way) to income or wealth. My resolution on borrower rights does not deal with that.