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Bill: Grounded Cause Exception to Letter Confidentiality
Details
Submitted by[?]: AM Populist Social Democrats
Status[?]: passed
Votes: This is an ordinary bill. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.
Voting deadline: May 2337
Description[?]:
| Whereas, It strikes us as non-sensical that with grounded cause-- otherwise known as a warrant-- police can search one's entire abode, but are never allowed to view letters regardless of the circumstances, We hereby propose that with a warrant showing grounded cause those may be similarly searched. This warrant may only be issued against someone if the police can show to the satisfaction of a judge that it there is strong evidence that the suspect is plotting or has committed a serious crime, and that a search of correspondence will have a strong chance of revealing evidence of a violent or extremely severe property felony committed, or being plotted, by the subject of the search. Although prior criminal history of the subject may be entered into evidence in such a case, the judge may give it only minor weight. It cannot be a major rationale for showing grounded cause. If the judge believes that such a search is being conducted for political reasons or due in significant part to the subject's political views, he is obligated to refuse the warrant. The specific crime suspected must be specified, and the search must be limited to correspondence that has a realistic chance of showing what is sought. To that end, the judge may issue in his warrant specific restrictions on what letters may be read. No evidence obtained in violation of this law or any restrictions imposed within the warrant may be presented in court, and if a policeman has knowingly or recklessly diregarded these restrictions, the policeman shall have to pay out of his own pocket 15% of his wages each month for a year to compensate the victim. Policemen may not obtain insurance to pay for this, but must pay it themselves. Furthermore, the governmental entity for whom the policeman worked when this occurred may be sued for damages based on the estimate of proper monetary compensation for his privacy loss. Punitive damages up to the amount of compensatory damages may be added at the jury's discretion if the jury finds the government in question acted in bad faith. If a policeman loses three such judgments in any fifteen year period, he shall lose his job on the police force permanently and pay a fine of 5,000 LIK. Policemen may not carry insurance against this fine. Any judge who issues these warrants, in the view of the appeals court that reviews his rulings, overly frivolously in repeated cases, shall be given one warning; after one warning, a unanimous vote of the appeals court in question along with the agreement from the Supreme Court of Likatonia, shall remove the judge from the bench. At the completion of the investigation of the alleged crime or conspiracy, all records relating to the search, with the exception of names of confidential sources, shall be made public, both for public inquiry into the propriety of what occurred and for use in compensatory trials and evaluation of judicial decisions. |
Proposals
Article 1
Proposal[?] to change The confidentiality of letters and correspondence.
Old value:: The confidentiality of letters is inviolable.
Current: The confidentiality of letters is inviolable, but the justice dept. can violate the confidentiality of letters with grounded cause.
Proposed: The confidentiality of letters is inviolable, but the justice dept. can violate the confidentiality of letters with grounded cause.
Debate
These messages have been posted to debate on this bill:
| Date | 19:50:31, December 29, 2006 CET | From | AM Populist Social Democrats | To | Debating the Grounded Cause Exception to Letter Confidentiality |
| Message | This is another case in which the PLPL will act only with political cover and the prospect for passage. We do, however, feel it is an important act to allow the police, with just cause, to gather information. While there is a good case one can make that torture is a means that should never be employed, having one's letters read is not torture and only as invasive as a search of one's abode, which may already be done with a warrant. |
| Date | 19:56:11, December 29, 2006 CET | From |  Likaton Coalition of the Willing | To | Debating the Grounded Cause Exception to Letter Confidentiality |
| Message | We would want to see very specific criteria applied in the Bill before supporting; a list of circumstances where grounded cause can be applied, and penalties for improper use of the Act. |
| Date | 20:15:12, December 29, 2006 CET | From | AM Populist Social Democrats | To | Debating the Grounded Cause Exception to Letter Confidentiality |
| Message | We shall add that to the description, as that request is reasonable. |
| Date | 21:05:25, December 29, 2006 CET | From | Likaton Coalition of the Willing | To | Debating the Grounded Cause Exception to Letter Confidentiality |
| Message | We still want more. In our opinion, the confidentiality of letters is a significant part of a free society, and free speech, and should only be violated in extreme circumstance i.e. when there is significant risk to life or wellbeing. Additionally, any innapropriate violation should be considered a serious felony in and of itself. |
| Date | 21:17:28, December 29, 2006 CET | From | AM Populist Social Democrats | To | Debating the Grounded Cause Exception to Letter Confidentiality |
| Message | Hmm...if we changed "felony" changed to "violent felony" and specifically stated that such a search could never be conducted for political reasons, could you support the bill? The members of the PLP in caucus have discussed how we value our privacy highly-- but also how a search of our abode makes us feel as violated as a look at our correspondence. However, to gain support, we are willing to further restrict this to violent crimes and spell out clearly that it could not be used for political reasons. |
| Date | 21:32:13, December 29, 2006 CET | From | Likaton Coalition of the Willing | To | Debating the Grounded Cause Exception to Letter Confidentiality |
| Message | Our concerns are merely that there should be a) strong grounds for suspiscion of a serious crime; either violent (e.g. murder) or far-reaching in consequence (large scale fraud, serious public safety hazard) b) a transparent process c) use should be both relevant and auditable d) improper use be punished, and compensation made In addition, we would like to see clauses to limit i) Use where suspect is only investigated based on previous criminal record; there should be direct evidecne linking any proposed use to a specific crime ii) Use in solving crime. This should be a preventative measure, rather than an investigative one. It should only be used to solve crimes when there is a strong risk of further, similar crimes as detailed in point a). |
| Date | 21:40:05, December 29, 2006 CET | From | AM Populist Social Democrats | To | Debating the Grounded Cause Exception to Letter Confidentiality |
| Message | We are willing to go about 90% as far as you ask. We would like to allow its use in solving crime, however, as certainty of punishment is one deterrent to committing crimes. We also would like details of what the LITP means by a transparent process. We believe we can support that, but obviously the transparency would have to be that after the investigation is completed records are open. We strongly agree with auditability of the process, and think the improper use punishment concept is an excellent one that we probably should have included from the start. |
| Date | 22:06:41, December 29, 2006 CET | From | Likaton Coalition of the Willing | To | Debating the Grounded Cause Exception to Letter Confidentiality |
| Message | The process should be public; in so much as the general process, rather than the specifics. |
| Date | 22:15:39, December 29, 2006 CET | From | Likaton Coalition of the Willing | To | Debating the Grounded Cause Exception to Letter Confidentiality |
| Message | We will support in this form. |
| Date | 22:16:14, December 29, 2006 CET | From | AM Populist Social Democrats | To | Debating the Grounded Cause Exception to Letter Confidentiality |
| Message | We would agree that it should be made public when the investigation is closed. The problem of it being public while the investigation is open, is that if I'm plotting a crime with John Smith and learn that a warrant has been issued to view Mr. Smith's correspondence, that can greatly harm the investigation, to say the least. Mr. Smith also could learn of the warrant and shred the correspondence. If you mean the judges involved must be publicly known and the like, we had presumed that this had always been the case. However, we are willing to spell that out if necessary. |
| Date | 22:16:29, December 29, 2006 CET | From | AM Populist Social Democrats | To | Debating the Grounded Cause Exception to Letter Confidentiality |
| Message | Ok, cool. |
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Voting
| Vote | Seats | ||
| yes | Total Seats: 136 | ||
| no | Total Seats: 0 | ||
| abstain | Total Seats: 63 |
| Random fact: Treaties will be eligible for deletion if they are more than 50 in-game years old and have no currently ratified members. |
| Random quote: "He who wishes to be obeyed must know how to command." - Niccolo Machiavelli |