Bail

subsequently reinterpreted in St- Cloud. In Hall, the issue was regarding the tertiary ground for denying bail, the Supreme Court made statements regarding the rare circumstances that the tertiary ground would be used. The Chief justice stated that “while the circumstance in which recourse to this ground for bail denial may not arise frequently, when they do it is essential that a means of denying bail may be available.”(657) During the period after the decision in Hall, the lower courts had…

that consistent with the Court of Appeals conclusion, the Act exceeds limits placed on the Federal Government by the Due Process Clause of the Fifth Amendment. Further, they contend the Act contravenes Eighth Amendment proscription against excessive bail. The judgment of the Court of Appeals is reversed. ISSUE: Under the Due Process Clause of the Fifth Amendment, does pretrial detention violate and individuals rights when the detention is based on the possible dangerousness of the defendant? …

Many may come up with ways/example on how to privatize justice. Privatization in criminal justice refers to a shift to private ownership and control of criminal justice services. “The term is often used to refer simply to contracting out services, which takes place extensively in many countries today; for instance, in the form of various prison services provided piecemeal by private vendors. Taken to its fullest extreme, however, privatization entails private-sector control over all the…

The Pretrial process is very important to any case. It is important to both sides. It sets the climate for the prosecution’s strategy and it helps the defendant’s lawyer know how he needs to best set up the defense for his client. Bail is set for the defendant, and an examination of the facts is also reviewed. If a grand jury is chosen there are rules that have to be followed in order for a fair trial to be given. The same can be said for the conduct of the prosecutor and his team. Some say…

was then a testimony where Marie Claude Delva who is Scott 's mother had testified to bail him out. Judy had asked Marie if Scott can live with her and she answered with yes. When Judy tells Marie that she has to contact the police if Scott doesn 't listen to her and…

For this assignment, I reviewed two articles on the Criminal Justice database library. One focused on bail decisions, and how this can sometimes affect the outcome of the sentencing phase. The other article focused on Capital Sentencing Decisions, that focused on the portrayal of the victim. Both of these articles gave some interesting theories of how judges and jury decide the fate of one’s future. It described how certain factors can influence the judge or jury in their decision making.…

instead, “[Bauer] threw Frazier in jail on fifty thousand dollars bail” (Bach, 87). Understandably, Frazier is confused and angry, “By their constantly pulling us in, that’s what makes us bitter and all you want to do is rebel, and then that person comes out a hardened criminal” (Bach 87) he says. Bauer is abusing his power as a judge by imposing excessive bail upon the defendant. According to the eighth amendment, “Excessive bail shall not be required, nor excessive fines imposed” (Bach 89).…

Bail in America is massively unjust today. In February of 2013, CBS News released an article where Jonathan Lippman—a judge from New York—said that the bail system is unfair to the poor. The way bail works is that when someone is arrested they have a bail hearing where a judge will determine the amount of money they would have to pay to remain out of jail before the court date. If bail cannot be posted, then that person would remain behind bars…

The United States is mostly known for the freedoms it gives its citizens, even the ones accused of crimes. While it is common thought that those in jail or on trial have fewer rights than the innocent, they do in fact have rights that the innocent do not need to execute. These rights are found in amendments IV, V, VI, and VIII and are referred to as the rights of the accused. Amendment IV refers to the rights of a citizen's privacy. Citizens are not to be subject to unwarranted and unreasonable…

Green Party Statute The Green party plans on implementing a $10 raise on bail for Canadian youth and adults. This additional income will be put towards a preschool, primary and secondary education fund for Aboriginal communities. This will decrease the number of Aboriginal women entering the sex trade, increase productivity in First Nations’ industries of choice, as well as promote a healthy and optimistic way of life. This can all be achieved by providing more career opportunities for…