Special Use of Force in Pursuit of Justice

Before a conviction, physical force, including incarceration, can be brought to bear only on fugitives and on court-approved suspects for those offenses whose penalty can include incarceration.   More specifically, before an accused party is convicted and sentenced, he can be imprisoned only if it is judged that he will probably violate the rights of others if not imprisoned, or that he represents a credible flight risk.   The accused must be presented with the option of alleviating a credible flight risk through reasonable bail, which must reflect his income and holdings.   Payment of bail must be facilitated by providing access for any accused party to his financial instruments for the purpose of effecting a sufficient transfer to the state.



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This is a preliminary draft. Pending changes are in The To-Do List