1 Bail Chapter Ten

2 Eighth Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

3 Monetary Bail System A “guarantee” that someone will appear at trial. In return for being released from jail, the accused promises to return to court as needed. Defendants accused of capital offenses have no right to bail.

4 Forms of Bail Cash bond: the posting of the full amount with the court. Property bond: using a piece of property as collateral in lieu of posting the full amount. Usually the defendant must post 10% with a bail bondsman or bail agent, who then holds the property as collateral. Release on Recognizance (ROR): judges release the defendant from jail without monetary bail if they believe the person is not likely to flee.

5 Theories of Bail Due process model: The only purpose of bail is to ensure that the defendant appears in court for trial. The judge should calculate bail solely on what amount will guarantee the availability of the accused for court hearings. Crime control model: Bail should be used to protect society. Judges deliberately set bail so high that defendants perceived to be dangerous will be unable to post bail and therefore await trial in jail.

6 Growth in U.S. Jail Population Need to insert Figure 11.1 here. I can create it, if I am given the exact data.

7 Bail Considerations Seriousness of the crime Prior Criminal record Background of the defendant “Social factors” that may reduce risk of flight: –Family –Education/Attending school –Employment –Social activities in the community

8 Due Process vs Crime Control Allows for bail to be posted with a 10% bond. Bail Reform Act of Makes bail more fair for the lower socio- economic groups. Pre-trial service programs. Control is the key factor. Bail Reform Act of Courts consider danger to the community if the defendant is released on bail. Pretrial crimes. Preventive detention.

9 Preventive Detention Allows judges to hold suspects without bail if they are accused of committing a dangerous or violent crime and locking them up is deemed necessary for community safety. Authorized by the Bail Reform Act of Upheld by U.S. v. Salerno.

10 Drug Testing At the time of arrest, 64% of mail arrestees tested positive for recent illegal drug use. Pretrial drug-testing programs are based on the following assumptions: –Knowledge of a defendant’s drug usage at the time of arrest provides an important predictor of pre-trail misconduct. –Monitoring drug use during the pre-trial periods, coupled with sanctions, will reduce the risk of pre-trial misconduct. Requiring defendants to participate in drug testing does not reduce failure to appear rates.

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