People Accused of Violent Crimes Should Not Be Allowed To Post Bail
People accused of violent crimes should not be allowed to post bail and remain out of jail while their trial is pending. There are many reasons to why
I strongly agree with this statement. Many factors are unknown to the public without conducting some sort of extensive research. Whether it is simply reading in the paper about pending trials, or as complicated as researching previous trials. Bail is decided by a judge, and their lives are devoted to handling these types of decisions. There are three solid reasons to why I feel it is necessary to deny bail to those accused of violent crimes. One is that all conditions for release are decided by a judge who is fully aware of the circumstances. Another is that these defendants, since being arrested, should be considered a threat to public safety. My last, and final, reason is that my rationale strongly agrees with denial of bail to the accused.
In Nebraska, as written in the Statutes of Nebraska, bail is granted after a judge takes into account the nature and circumstances of the offense charged. This judge looks at the defendants family ties, employment, financial resources, character and mentality, having resided in the community, conviction records, and record of court appearances or of flight to avoid prosecution or failure to appear. A judge, when deciding if bail is to be granted, does not just flip a coin to decide. He or she looks at all aspects of the situation.
It all rests in the judge's hands. When a judge looks at a person accused of a violent crime, such as murder, a few things are liable to pop into perspective.
One would be to how violent and detrimental the accusations are. Any rational thinking person would realize that if arrested, they are in suspicion.
Therefore, a state appointed judge is also going to realize that this person must be a threat, especially if accused of a violent crime. It does not violate the accused rights, because once under arrest, their rights are strictly defined as what the judge's final decision is.
This leads me to my next point, that these accused people are a threat.
The purpose of bail, as defined by the Nebraska Statute, is to ensure that the defendant will show at the trial. I researched a case where this was strongly considered. Brian Mase is accused of shooting and killing John Boyer, after
Boyer refused to leave Mase's home. They were in a fight over a stolen watch.
In chapter twelve, Joel Samaha has discussed various court proceedings before trial. Samaha begins to elaborate the importance of the prosecutor’s decision in determining whether there is a concrete case against the alleged defendant. The evidence at hand ultimately dictates the proceeding of events in court. Along with evidence, the lack of resources might add to the difficulty in charging an individual. Prosecutors are faced with an overload of cases; ultimately prosecutors are forced to prioritize their cases based on their resources and the evidence provided. The cases that are regarded are then considered for suspect detainment. Probable cause to detain suspects is undergone so that the case may proceed to trial. Typically an arraignment
First federal attempt to define eligibility for pretrial release using objective indicators such as danger to the community, as well as the risk of flight
If a suspect cannot afford an attorney the courts must appoint one for them, if they face a possibility of imprisonment. Until an attorney is assigned to their case and they have had an opportunity to consult with him, the police may not begin any questioning.
The first step is the simplest: find out the bail. Whether or not a bail is set will depend, in part, on the charges. Sometimes bail is a standard amount and you will be told the amount within a few hours. Other times, bail is set before a judge. This often happens for more serious felonies or when the judge is worried that you might be a flight risk. For most people, this initial appearance occurs within 24 hours of the arrest, though sometimes there can be a delay of several days due to a holiday or a busy court schedule.
as to whether or not a case is taken up. This is what decides the
Therefore, under these ethical standards, prosecutors cannot file charges if there is not enough evidence to support a conviction, they also do not file if it is not in the public interest to do so. This is what makes the possibilities limitless; however, three key factors also play a part in determining which cases to prosecute. If prosecutors follow these three factors in determining cases then the contradiction of limitless discretion and high ethical standards should be remedied for others. These are factors that should be followed are as followed: the seriousness and nature of the offense, the offender’s culpability, and the likelihood of being able to obtain a conviction at a trial. “Ethical conduct, then, must be the core of the prosecutor’s role in the criminal justice system” (Hemmens, Brody, & Spohn, 2013). Therefore, even though prosecutors have almost limitless discretion in their decisions, they still must
Jailer was hanged if a prisoner escaped; the jails were dangerous to health, and as there was no provision for adequate food, many prisoners perished before trial was held Purpose Of Bail - 2Influenced by factors such as these, the sheriff was inclined to discharge himself of responsibility for persons awaiting trial by handing them into the personal custody of their friends and relatives. Indeed, in its strict sense, the word "bail" is used to describe the person who agrees to act assuredly for the accused on his release from jail and becomes responsible for his later appearance in court at the time designated. As surety, the bail was liable under the law for any default in the accused's appearance. Purpose Of Bail - 3Between the 13th and 15thcenturies the sheriff's power to admit to bail was gradually vested, by a series of statutes, in the justices of the peace. In the case of a person committed for felony, the justices of the peace had the authority to require, if they thought fit, his remaining in jail until the trial took place, but, on the other hand, a person committed for a misdemeanor case could, at common law, insist on being released on bail if he found sufficient sureties. Writing in the mid-1700's, Blackstone described the arrest-bail procedure his day in the following passage: "When a delinquent is arrested...he ought regularly to be carried before a justice of the peace...If upon...inquiry it manifestly appears that either no such crime was committed or that the suspicion entertained of the prisoner as wholly groundless, in such cases only it is lawful totally to discharge him.
These studies specify the factors that judges must take into consideration in making decisions regarding pretrial release or detention. These factors are: (1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a controlled substance; (2) the weight of the evidence against the defendant; (3) the history and characteristics of the defendant; and (4) the nature and seriousness of the danger to any person or the community that would be posed by the defendant’s release. The defendant’s “history and characteristics” include the defendant’s “character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating ...
The amendments Bail Clause was a result of injustices in England, where the judges abused their power in determining bail. There were a number of attempts to reform the law, but the English Bill of Rights in 1689 outlawed excessive bail. But it did not specify which offenses should or should not qualify as bailable. In 1987 the U.S. Supreme Court held that the Eighth Amendment bail clause had only one meaning. That bail conditions when compared with the magnitude of crime, should not be excessive (). The first case to see this excessive bail clause was United States vs. Bajakajian in 1998. This case was one were more than $10,000 U.S currency was taken out of the country without reporting it as law required. As a result the fin was
right is violated in any way it is most likely the violator would face criminal charges or
Arraignment/First Appearance at the arraignment, Joe is formally advised of the charges and constitutional rights. Bail is often set during the arraignment. Bail is used by the court almost like an "insurance policy" that you will appear on future court dates. The amount of bail is determined by the judge. The judge will look to two factors in deciding bail: your risk of flight and whether you pose a danger to the community. Bail amounts can range from being released on your own recognizance, all the way up to millions of dollars. In Joes case no bail is
Parole (early release from prison) is often referred to as the back door to the US corrections system. The concept of parole dates back to the establishment of the Elmira Reformatory. The goal of the Elmira Reformatory was to rehabilitate and reform the criminal instead of following the traditional method of silence, obedience, and labor. Parole was originally set up to encourage prisoners to do well, keep their noses clean, and become model prisoners. Once a prisoner had shown rehabilitation and reform they were released prior to the execution of their full sentence.
Intention to commit an offense (Dave entering boat house without permission to steal Sam’s boat).
Then comes the investigation process. Officers try to sort through the evidence and come up with a solution or a suspect. Next comes the arrest or citation of an individual if the officer believes that there is enough facts and evidence to do so. If an officer does not find enough evidence or a suspect, the case remains open. After the arrest or citation comes the prosecution and pretrial. The prosecutor considers the evidence by the police and makes a decision whether or not to file charges against the accused. If charges are filed, the first court appearance is held. The accused will then appear in court and be informed of their charges and rights. The judge will then decide whether there is enough evidence to hold or release the accused. The judge can decide whether to hold the accused in jail or release them on
From 1992 to 2006, bail has rise from twenty-five and four hundred dollar to fifty-five and five hundred dollar (Reese). “The idea that somebody goes and sits in Rikers Island (jail in New York City) and endures all of the hardship of that simply because they don’t have $500 or $1,000 is truly offensive and serves no public purpose,” said Jamie Fellner of Human Rights Watch (Reese). Intending to gain monetary or Profit motive of offender that cannot afford cash bail post is an unfair advantage. Laws that put a cap on bails and fees a bondsperson can collect. This law will prevent bail from being unaffordable and the jails be full of people who are stuck in jail because they cannot post cash bail or afford a bondsperson. Bondsperson should accept bonds that are less than a thousand dollar but include other collateral with the fee, such as titles to car, home, or property, that will be refunded once they show up for all court