On incarceration
Thesis
Justice systems focused purely on punishment burden society with massive expenses, when their true obligation is to prevent crime. Whatever method of justice prevents crime is the one that should be opted for.
For-profit prisons have been correctly identified as having a perverse incentive to harm rather than help individuals.
What if there was a competitive system that would allow prisons to compete not only on price but on recidivism rate, that is, the rate at which people reoffend that’s the goal of Cyber Sovereignty in incarceration, reduce recidivism.
Provision
Incarceration reporting
Governments must fund Global Neutral Jurisdictions (GNJ) reports on recidivism and conditions for any facility holding detainees over three weeks, while retaining the right to select the GNJ.
The selected GNJ must have the ability to review facilities with full-access without appointment. The selected GNJ is required to produce the report up to the highest level of integrity with as little fraternization with the national government as possible yearly with a new GNJ being chosen each time where possible. The GNJ selected first chooses which other GNJ makes the next report.
These reports must be provided for in all systems where an individual is held more than three weeks. Reasonable measures may be taken to prevent such individuals bringing contraband into prison. All data requested by such an individual must be provided within three weeks without redactions.
Incarceration process
Emergency process
A digital society has the right to intervene if an incarcerated member is held for more than three weeks for any reason.
The normal process
A defense lawyer must contact the digital society immediately upon a client's conviction.
The digital society appoints a representative to negotiate the member's incarceration terms with the court.
Representatives from the convicting court and the digital society will select a suitable incarceration facility.
If they cannot agree:
The digital society has the right to have the individual incarcerated at the expense of the national government in the facility that has the lowest recidivism rate within the national government's boundaries.
The digital society has the right to relocate individuals not convicted of a crime against the national government* to their own facilities at their own expense. These do not include:
Foreign intelligence agents.
Enemy combatants.
Defectors.
Enforcement
DSEI has the right to charge those who fail to do their duties in relationship with this provision.
*To be clear, in the context of this document, someone who commits murder is not a criminal against the state, but somebody who commits treason is.