|
tomorrow because although I anticipate
that the session this evening will continue
quite late, we certainly cannot finish, and
it is imperative that we finish this week so
that we will resume this session at noon
tomorrow.
I have talked to representatives of both
sides of the question on Amendment No.
5. All are in agreement that it would be
most undesirable to have the matter of
section 1.17 considered again tomorrow
afternoon. Accordingly, the Chair proposes
to recognize Delegate Powers for the pur-
pose of moving a division of the question
to separate consideration of section 1.17
from the rest of Committee Recommenda-
tion R&P-1 and then to recognize Delegate
Powers to make that a special order of
business for consideration at 2:00 P.M. on
next Tuesday afternoon. This will give an
opportunity to both sides in the dispute
to consider the matter further, and I would
have every hope that a reasonable solution
could be arrived at which would secure the
very decided approval of the Convention.
The Chair recognizes Delegate Powers.
DELEGATE POWERS: Mr. President,
I move that section 1.17 of Committee Rec-
ommendation S&D-9 dealing with Commit-
tee Recommendations R&P-1 and R&P-2
be made a separate matter and that as such
it be made a special order of business for
Tuesday, January 2, at 2:00 P.M.
THE PRESIDENT: I think it would
probably be desirable to put it in the form
of two motions. The first motion would be
to separate the question as to section 1.17
from the remainder of R&P-1 and R&P-2.
The Parliamentarian tells me that under
the rules we do not actually need a vote. If
I as Chairman conclude that the question
can be separated, it can be separated at the
request of any delegate. Delegate Powers
requests that it be separated. It is obviously
a separate question. Therefore, it can be
separated.
The question arises on the motion by
Delegate Powers to make further consid-
eration of section 1.17 a special order of
business on Tuesday afternoon, January
2, 1968, at 2:00 P.M. Is there a second?
(Whereupon, the motion was duly sec-
onded.)
THE PRESIDENT: Are you ready for
the question?
All in favor signify by saying Aye; con-
trary, No.
The Ayes have it, and it is so ordered.
|
Will the pages please distribute the
amendment marked "AA". This is Amend-
ment No. 9 on which we acted just before
the dinner recess, to change section 1.12.
Delegate Grant, do you desire to offer
your amendment Y?
Pages will please also distribute Amend-
ment Y. Amendment Y will be Amend-
ment 11.
The Clerk will read the amendment.
READING CLERK: Amendment No. 11
to Committee Recommendations R&P-1 and
R&P-2, as amended by Report No. S&D-9,
by Delegates Grant and Bothe: On page 4
immediately preceding line 45, section 1.18,
Reserved Rights, insert the following new
section: "Section 1. — , Restraint Pending1
Trial: A person awaiting trial shall be
subject only to such restraint as necessary
to insure appearance at trial."
THE PRESIDENT: The amendment is
submitted by Delegate Grant and seconded
by Delegate Bothe. The Chair recognizes
Delegate Grant.
DELEGATE GRANT: This will be a
matter that can be dealt with briefly. As
reported out by the Committee to the Com-
mittee of the Whole, there was a provision
proposed for the new constitution which
essentially resulted in pre-trial release. The
provision which was initially reported out
was somewhat long and complex and for
that reason was subjected to a great deal
of amendment and finally was voted down.
The provision which was reported out
said: "Section 5 (b). An accused, except in
cases punishable by death or life imprison-
ment, shall be entitled to release pending
trial conditioned only upon such bail or
other terms as are reasonably necessary to
secure his appearance before the Court."
The amendment which I have proposed is
the same thing expressed in some simpler
terms. "A person awaiting trial shall be
subject only to such restraint as necessary
to insure appearance at trial."
The basic idea is to make the right not
to be incarcerated without a trial a right
instead of a privilege. As it is now, when
a person is arrested and being held for
trial, he can be released only on bail.
There are some experimental projects being
financed mostly by private money and
foundation money which allow bail sub-
stitution.
However, the basic idea of trying to in-
carcerate somebody before the trial at
|
