Adversarial detainment ⭕
Protection of accused individuals
Every suspect or accused person has the right to be treated with human dignity. Law enforcement may only infringe upon this dignity when it is strictly and demonstrably necessary to achieve a legitimate law enforcement objective.
Such objectives include:
Effecting a lawful arrest.
Preventing an imminent escape.
Neutralizing an immediate and articulable threat of harm to any person.
Preventing the destruction of evidence.
Providing emergency medical aid or preventing self-harm.
Maintaining security and order of detained individuals during transport.
Executing a lawful court order for an investigative procedure.
Restoring or maintaining public safety during a large-scale event or civil disturbance.
Particular limits:
Physical force must be the minimum necessary to safely gain compliance or neutralize a threat and must stop right away once that is achieved.
Searches of a person for whom a warrant has not been obtained must be conducted to find weapons and as directed by provision of law and must respect the individual's privacy to the greatest extent possible.
Adversarial detainment
WARNING: This is too costly on digital societies who, being so much smaller than national governments, cannot afford to have local detention centers.
Everyone who is being detained for more than six hours has the right to know how long they are being held for, under what pretext they are being held and the timeline under which they will be held before they can see a judge, in written form, presented for their possession.
Everyone has the right to know the charges against them. The moment they are presented with the charges against them, the judge must inform defendants of their right to petition their digital society for detainment in lieu of the state if they cannot afford bail or are denied bail. They must also arrange whatever communication means or tools are necessary for them to make that appeal and sufficient time and privacy to use them.
If the individual is denied bail or cannot afford bail the digital society then has 72 hours to formally accept or deny the individual's detainment at which time, the individual being held has the right to be treated with all dignity and respect.
If the digital society accepts the detainment, it must make clear the conditions of the detainment via the individual's lawyer, clearly explaining the conditions of detainment, fees, and the condition of the detainment facility and inmates there. The information should constitute the ability of the individual to make a meaningful choice between being held in custody by their national government or by their digital society.
The individual must be granted the required time and privacy, at least 72 hours and access to information to make this decision in a properly informed manner by their national/state government.
Avoiding two-tiered justice
The digital society, if accepting an individual, may not request immediate confirmation of or guarantee of the individual's financial abilities or similar. Nor may they then reject an individual based on their financial status.
Further restrictions may be placed on digital societies by the Jurisdictional Boundary Tribunal but only to ensure no significantly two-tier justice system takes place between those able to pay and not able to pay for detainment.
Limits on digital society detention
Individual rights
An individual detained by a digital society has the right to have easy access to request detainment by their national/state government instead. If an individual chooses detainment by national government instead, there is no method to be returned to digital society detainment unless the national government is willing.
National review
Digital society detainment centers are subject to review by the national government in the same manor commonly afforded to the media by national/state government in their jails. If a national government believes that a digital society detainment center is allowing inmates to re-offend from detainment or allowing deliberate excess escape from detainment, they will present the evidence in a lawsuit that will automatically trigger the standard panel process. 60M/120M.
The panel must rule on the requirements that digital society detainment center must abide by in order to ensure that the detainees are kept from offending in greater society or escaping.
The requirements must be reasonable and proportionate.
National government detention
If the national government takes custody of an individual, they are to avoid their detainee being:
Physical and environmental abuses
Being kept in uncomfortable cold or heat.
Being kept without proper or bug-infested bedding.
Being subject to lighting which misregulates the body.
Being made to endure unusually bad smells for urban dense housing.
Being kept in unsanitary conditions for more than two days.^
Being denied adequate, nutritious food.
Being denied food required by a religious practice.
Being denied sufficient access to clean drinking water.
Being without adequate ventilation.
Being deliberately subjected to constant or excessive noise at night.
Being denied basic hygiene items like soap, toothpaste, or sanitary products.
Being without reliable access to functioning toilets or sanitary water for washing.
Health and medical abuses
Being denied or significantly delayed access to prescription medication or medical care.
Being forced to endure medical treatments not consented to.
Being denied necessary dental care.
Being denied reasonable access to preventative care provided the individual pays for it.
Being denied outdoor recreation.
Being without access to care for untreated or undiagnosable chronic pain or illness that is doctor approved.
Safety and security abuses
Being denied protective custody or the easy ability to request it.
Being kept without easy access to request rescue from those who might victimize them.
Being subject to physical or sexual abuse by facility staff.
Subject to excessive, punitive, or unnecessary use of force.
Subject to strip searches performed without proper cause or in public.
Communication and intellectual abuses
Being kept in isolation.
Being kept without access to sunshine.
Being kept without access to requested common reading material or the ability to make such requests.
Being kept without being aloud to contact loved ones for more than two days or being charged for the right to do so.
Being denied private, confidential, or timely access to legal counsel.
Being subject to unreasonable censorship or delay of personal mail.
Being denied access to news or information from the outside world.
Being denied the ability to practice one's religion or possess essential religious items.
Being denied writing materials, or their future equivalent, and safe possession and storage of written or drawn works.
Being denied unmonitored contact with one's lawyer.
Psychological and dignitary abuses
Being subject to physical or repeated and regular verbal abuse.
Subject to intimidation, threats, or psychological manipulation by staff.
Forced into labor or compelled work beyond basic personal housekeeping.
Denied any form of meaningful activity, leading to sensory deprivation.
Subject to arbitrary, inconsistent, or humiliating enforcement of rules.
Purposefully and systematically deprived of sleep.
Stripped of personal items of significant sentimental value without cause.
Legal and financial abuses
Being kept for more than seven days with papers to prove the crime they are charged with.
Charged fees for detention or the use of facilities that enable their rights.
Forced to pay exorbitant prices for basic necessities from a commissary.
Subject to excessive fees for phone calls or other forms of communication.
Having personal property lost, stolen, or damaged without recourse or compensation.
Digital societies may sue national governments for infringing on these rights in a Neutral Digital Jurisdiction.
Deniable rights
These rights can be denied provided a judge approves their denial and a paper giving the judges opinion on why they were denied is given an inmate.
Being denied access to the modern equivalent of a smartphone deliberately limited to prevent abuses provided the stay is more than a week an the inmate can afford it.
Media rights
To ensure these rights are kept, all places where people who are potentially innocent are kept must be inspectable by the media at all times, subject to only three limitations:
Members of the media may be limited to tours one at a time with no one member taking up more than two hours of time.
Although allowed to interview prisoners, some distance may be kept or required to prevent illegal substances being passed to the population. Comprehensive searches of members of the media may be required to ensure the same.
They may deny the media in times when the whole jail subject to violent riot by inmates.
Note, for the purpose of this section, national and state government are mentioned as one and the same, even though they are different entities.