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[DRAFT] Effective Civil Remedies for Prisoners

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Imperium Anglorum
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[DRAFT] Effective Civil Remedies for Prisoners

Postby Imperium Anglorum » Mon Jan 25, 2021 7:57 pm

The World Assembly,

Believing that there exists a substantial mismatch of legal resources between prisoners, regularly indigent, in civil suits alleging malfeasance by prison staff and

Concluding that the only way to correct this imbalance is to provide effective representation to such prisoners,

Finding it ridiculous that member nations may claw back damages issued against them for their own malfeasance by charging prisoners for the costs of their own incarceration, hereby enacts the following:

1. Every prisoner bringing a claim against their prison for malfeasance or violations of rights guaranteed by law have an affirmative right to counsel, provided that the claim is sufficient to establish a cause of action. If the prisoner is indigent, no court costs may be assessed and the fees of such counsel shall be paid for by the state, with fees recoverable against the losing party, but no fees shall be assigned beyond the ability of the losing party to pay. Damages awarded in such cases, at a minimum, must be compensatory.

2. No member nation may permit a prison or place of incarceration to bring a civil action or enforce a civil judgement against a person who was or is incarcerated in that place for compensation or indemnification of financial costs directly arising from that person's incarceration.
Last edited by Imperium Anglorum on Thu Mar 18, 2021 1:02 am, edited 4 times in total.

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Imperium Anglorum
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Postby Imperium Anglorum » Mon Jan 25, 2021 7:57 pm

R.

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Hulldom
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Postby Hulldom » Mon Jan 25, 2021 8:57 pm

I have no problems with content. Only qualm is a minor wording thing in clause 2. Might want to re-word that first sentence such that the interrupter is at the end. Only thing I see that's really an issue.

Also, I think the second sentence in clause 2 could probably be a standalone clause, but that's no problem as is.
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Imperium Anglorum
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Postby Imperium Anglorum » Mon Jan 25, 2021 9:01 pm

Hulldom wrote:I have no problems with content. Only qualm is a minor wording thing in clause 2. Might want to re-word that first sentence such that the interrupter is at the end. Only thing I see that's really an issue.

You'll need to be more specific. For what substitute what? Where omit what?

Hulldom wrote:Also, I think the second sentence in clause 2 could probably be a standalone clause, but that's no problem as is.

Moved the clause establishing minimum damages (not a section) to section 1.
Last edited by Imperium Anglorum on Mon Jan 25, 2021 9:01 pm, edited 1 time in total.

Author: 1 SC and 42 GA resolutions
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Developer: Communiqué and InfoEurope
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Hulldom
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Postby Hulldom » Mon Jan 25, 2021 9:15 pm

Imperium Anglorum wrote:
Hulldom wrote:I have no problems with content. Only qualm is a minor wording thing in clause 2. Might want to re-word that first sentence such that the interrupter is at the end. Only thing I see that's really an issue.

You'll need to be more specific. For what substitute what? Where omit what?

As in literally move the bit between the commas to the end.

"Damages awarded in such cases, at a minimum, must be compensatory." to "Damages awarded in such cases must be compensatory at a minimum.

(Emphasis mine)
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Imperium Anglorum
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Postby Imperium Anglorum » Thu Mar 18, 2021 1:03 am

Bump.

I think your quibble is mostly a difference in style. Though, I think it would also be wiser to keep the 'at a minimum' closer to what it describes: damages awarded in such cases.
Last edited by Imperium Anglorum on Thu Mar 18, 2021 1:04 am, edited 1 time in total.

Author: 1 SC and 42 GA resolutions
Maintainer: GA Passed Resolutions
Developer: Communiqué and InfoEurope
Toxic villainous globalist kittehs
Delegate for Europe
Elsie Mortimer Wellesley (EMW); OOC unless otherwise indicated
Ideological Bulwark 285, WALL delegate
Dastardly villain providing free services to the community sans remuneration


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