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