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Benefits of bailing criminals
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When a person is accused of doing a criminal activity, usually they are arrested and subsequently taken to jail. Prior to their release from jail, while pending a trial date, this individual must be bailed out or pay a bail by the company to come in and expedite the process. Here are three facts you can use if you are ever in need of using a bail bond company. What exactly is a bail bond? A bail bond is typically used when an incarcerated individual has been ordered by the judge to give bail prior to being released before the trial begins. Once a bonds is posted for this individual, this accused person is removed from the custody of the police until the final outcome determined during the trial. If the person does not come back to court
Someone, suspected of a crime, is arrested by police. Later on, the suspect goes to court to face their charges. A classic episode of Law & Order. But, where do these suspects go in between the two events. They are held in their local jail of course. While people are familiar with the arrest and courtroom scenes from TV, many are unfamiliar with the jail scene, which becomes home to the suspects who cannot make bail until a court rules a verdict for their case.
Pretrial court is usually within a week from the date that you committed the offense. Did you know that if you can't afford a lawyer, the court would appoint you one? It is the law that you have to be represented by a lawyer during the time of your trial unless you sign a waiver to not have a lawyer at all.
Conclusion: Congress hoped to achieve a greater degree of accuracy in assessing flight and danger of arrestees through establishing the Bail Reform Act of 1984, which set objective guidelines for judicial officers in assessing release conditions including taking into account for the first time the probability an offender will re-offend while on pretrial release. It was also hoped that the Act would bring back the community's trust in bond setting practice. Overall, the benefits of the Bail Reform Act of 1984 do exceed any detriments, but some problems do exist. These problems include the uniformity in the application of the Bail Reform Act of 1984, as well as the interpretation of dangerousness to the community. Through future legislative and executive reform, this Act will go through multiple changes until these issues are addressed.
punished for their crimes at all. It is as simple as that. Granted, a plea
The first clause of the eighth amendment, protects U.S citizens from being held in jail on excessively high bail. The purpose of bail is to free citizens while they await their trials because they can’t be “deprived of life, liberty or property without due process of law.” Specifically, “bail is money that a criminal defendant (a person charged with a crime) pays in order to be...
The principle of bail is basic to our system of justice and its practice as old as English law itself. When the administration of criminal justice was in its infancy, arrest for serious crime meant imprisonment without preliminary hearing and long periods of time could occur between apprehension and the arrival of the King's Justices to hold court. It was therefore a matter of utmost importance to a person under arrest to be able to obtain a provisional release from custody until his case was called. This was also the desideratum of the medieval sheriff, the representative of the Crown in criminal matters,
In the criminal court, you are looked upon differently because of the conviction. Everyday life will be hard because you can get rejected from jobs, loans, licensing, traveling out the country, and even housing (Messina). Bail reform to let people who have a charges that is not violent and a treat to the community go into program like a house arrest is more fair than to have them sit in a jail til who knows when the trial is. Staying a jail only will only expenditure more tax people money. As the court system is increasingly taking longer and longer to discharge cases due to shrinking budgets and a rollback on available resources, the possibility of a lengthy pretrial detention only increases, inviting the risk of detainees losing jobs, missing social and familial obligations and incurring social stigma (Reese).
Bail furthers the presumption of innocence until guilt is absolutely proven, beyond the shadow of a doubt. If it weren’t for bail, the accused suspect would virtually be serving a sentence for a crime he or she has not been convicted of committing. Excessive bail has the same effect. The idea behind bail is to make sure the accused is present during the trial. If one’s bail is , in fact, excessive, the amount is set higher than is reasonable.
Prisoners serving life sentences for first degree murder should not receive parole hearings after fifteen years since they have not served an appropriate amount of time for the crime, the victims’ family deserves justice and closure, and criminals who are released on parole pose a huge threat on the community. Criminals serving life sentences for first degree murder have been convicted of unlawfully killing that is willful and premeditated. In other words, the murder was immoral and planned out. Most of the time the murderer knows the victim personally, which means they know the victims’ family and workplace. So after the murder has occurred, it really surprises the family knowing who intentionally killed their loved one, which really takes a toll on them.
Every civilization in history has had rules, and citizens who break them. To this day governments struggle to figure out the best way to deal with their criminals in ways that help both society and those that commit the crimes. Imprisonment has historically been the popular solution. However, there are many instances in which people are sent to prison that would be better served for community service, rehab, or some other form of punishment. Prison affects more than just the prisoner; the families, friends, employers, and communities of the incarcerated also pay a price. Prison as a punishment has its pros and cons; although it may be necessary for some, it can be harmful for those who would be better suited for alternative means of punishment.
Bail in Law " The Law relating to bail strikes a fair balance between the
From a citizen’s initial contact with the law enforcement, up to receiving probation, to being paroled; That is all part of the criminal justice process. A defendant’s first appearance in the court is called an initial appearance. During this time the defendant-a person against whom a charge is brought in court-are informed of the charge(s), their rights, and to have bail terminated. Bail is a sum of money that the arrested person pays to guarantee that he or she will appear at the future hearings. If the defendant is charged with a felony the judge can schedule a preliminary hearing to determine probable cause: When a judge decides whether there is enough evidence to prove that the crime was committed.
Debt was considered no less than a crime in nineteenth century England. During this period, many people were incarcerated when they were unable to pay the money that they owed. As a matter of fact, Charles Dickens’ father served time at the Marshalsea because he failed to remunerate a local baker. In order to help support his family, Charles was forced to work at a shoe-polish factory and quit school at the age of twelve (Wilkes). This humiliating experience caused the topic of debtor’s prisons to emerge in Great Expectations, directing attention towards these jails before they were later abolished by the Bankruptcy Act of 1869.
Bailment is a technical term of Common Law, though etymologically it might mean any kind of handling over. It involves change of possession. One who has custody without possession, like a servant, or a guest using his host's goods, is not a bailee. But, constructive delivery will create the relation of bailor and the bailee as well as actual.
This is one of the most important aspects of the criminal investigation process due to the fact that if the proper procedures aren’t followed, the validity of the case will be jeopardized. The Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) outlines the conditions of which a person can be arrested and detained. A key term in the arresting process is ‘suspicion on reasonable grounds’ as this describes the discretion of the police in making arrests. Although for most arrests, a warrant is needed, police can arrest someone if they genuinely believe that the person is guilty of a crime. After a person has been arrested, they will be detained in a police station and this process is also outlined in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). The Act outlines the rights a person who has been detained, such as refreshment periods, and the procedures that the police must follow, this is all done to help protect the rights of citizens. If a person is charged with a crime, they will either be put in remand or be allowed to post bail. Bail, also referred to as conditional freedom, allows a person to retain certain rights, such as spend their time awaiting trial in their home, and this is outlined in the Bail Act 1978 (NSW). Bail is a great example in the criminal trial process achieving justice, as the concept of bail seeks to