•
Are there provisions for alternative sentencing such as alternatives
to imprisonment or dispute resolution? If so, is there a possibility
of formal judicial review of such alternative mechanisms?
b) Capability: Procedures
i)
Measurement Indicators
Is a person informed at time of arrest/detention of reasons for
•
arrest/detention and charges against him/her if any?
Is an Arrestee/Detainee brought promptly (48 hours) before a
•
judge or judicial officer to decide on lawfulness of
arrest/detention?
•
If arrestee/detainee is charged with a crime, is s/he advised of
her/his right to remain silent and right to an attorney?
•
Is the time it takes from arrest/detention to initial appearance
before the judge for review of arrest/detention predictable and
proscribed by law?
•
Is there standard proscribed amount of time from arrest/detention
to trial for serious crimes (felony: rape, homicide, serious assault)?
•
Are records kept to show how much of the total detained
population is awaiting trial?
•
Are the following measures of pretrial restraint viable options to
pre-trial detention: Bail, House arrest, Surety, Personal
Recognizance?
Are criminal trials open to the public and media?
•
•
Are criminal trials closed to the public only under special
documented and legally provided for circumstances that maintain
the procedural protections/rights of the parties?
•
Are court decisions published and made available to the public?
•
Do public authorities refrain from treating a suspect or defendant
as if s/he were guilty prior to being tried in court (presumption of
innocence)?
•
Are persons able to receive private/paid counsel promptly after
their arrest or detention?
•
Are persons able to receive public/free counsel within a reasonable
time after their arrest or detention?
•
Are defense attorn eys able to meet confidentially with their clients
in pretrial detention facilities?
•
Can the accused/defendant challenge his “confession” in court by
alleging coercion and mistreatment as the reason for the
“confession”?
c) Capability: Civil Protections – Ethical Enforcement
i)
Measurement Indicators
•
Do criminal justice officials refrain from inhuman or degrading
treatment or punishment or excessive/inappropriate use of force
occur (whether overtly or by acquiescence)?
•
In the event that incidents of torture or degrading treatment or
excessive/inappropriate use of force are identified, does the
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