AlverniaJudicial ProcessSpring06: Team 2, Chapter 11

Even though the Eighth Amendment states that " excessive bail shall not be required", which was to ensure that the defendent appears for court. And as a result, many of the poor do not have the resoures or finance backing the wealthy and rich have and thus would have to stay in jail to await their trail perhaps for months.Therefore, the due process model want the accused to have access to the different programs for their bail, but the crime control model sees that many of them are a flight risk or they never show up for trail,and as a result,a bench warrant would need to placed on the accused.

# posted by

Anonymous : 9:36 PM

As a continuace from my above opinion, there is also the issue of the preventive detention which we do not hear too much of or not requested, either by the prosecutor or the defendent. Things that should be at the forefront is the issue of the fact that many of the crimes that are and have been committed under the influenced of alcohol and drugs and as a result many criminals do not remember committing their crimes. Thus, these individuals need treatment for their chemical dependency. Therefore,I believe once the disease of addiction is addressed, then the crime comes down. However,I also see that the politicans have not caught up to the issue of medical view of disease concept.

# posted by

Anonymous : 6:25 AM

As a continuace from my above opinion, there is also the issue of the preventive detention which we do not hear too much of or not requested, either by the prosecutor or the defendent. Things that should be at the forefront is the issue of the fact that many of the crimes that are and have been committed under the influenced of alcohol and drugs and as a result many criminals do not remember committing their crimes. Thus, these individuals need treatment for their chemical dependency. Therefore,I believe once the disease of addiction is addressed, then the crime comes down. However,I also see that the politicans have not caught up to the issue of medical view of disease concept.

# posted by

Anonymous : 6:25 AM

Larry Nelson
Question#5
Are preventive detention laws effective, or are they exercises in symbolic politics?
Are preventive detention laws merely exercises in symbolic politics, or do they have substantive impact? Experience with state preventive detention statutes suggests that they are rarely implemented. Prosecutors rarely requested detention hearings, and fewer than 2 out of every 1,000 felony defendants were formally detained.To avoid the law's elaborate procedural requirements, prosecutors relied on the traditional practice of using high monetary bail amounts as a covert form of preventive detention. It is also worth noting that, considering severe jail overcrowding at the state and local level, preventive detention laws are doomed to a symbolic status unless massively expensive efforts are undertaken to greatly increase jail capacity

# posted by

Anonymous : 7:21 PM

Larry Nelson
Question#5
Are preventive detention laws effective, or are they exercises in symbolic politics?
Are preventive detention laws merely exercises in symbolic politics, or do they have substantive impact? Experience with state preventive detention statutes suggests that they are rarely implemented. Prosecutors rarely requested detention hearings, and fewer than 2 out of every 1,000 felony defendants were formally detained.To avoid the law's elaborate procedural requirements, prosecutors relied on the traditional practice of using high monetary bail amounts as a covert form of preventive detention. It is also worth noting that, considering severe jail overcrowding at the state and local level, preventive detention laws are doomed to a symbolic status unless massively expensive efforts are undertaken to greatly increase jail capacity

# posted by

Anonymous : 7:23 PM

Question # 1

According to the reading of the book, said that the law on the books says that bail is based on the eight amendment and the presumption of innocence until proven guilty, US. Law creates a general right to bail. And the law in action said that the average daily jail population is approximately 650,000; more than 14 million admissions to local jails each year. Jails house about a third of all persons incarcerated in the united states.

# posted by

Anonymous : 9:22 PM

Question #1

Law on the Books: Bail(guarantee), Bail procedures(after arrest, see lower court judge), forms of bail(cash bond, prperty bond, ROR, and Bail bondsmen), and conflicting theories of bail(Premise of the adversarial system that a person is innocent until proven guilty and therefore should not suffer any hardships, such as stay in jail, while awaiting trial. Based on the 8th Amendment and the presumption of innocence until proven guilty, U.S. Law creates a general right to bail.

Law in Action- Uncertainty(short time span, limited information available, who, what, where, when) Risk (scared might committ another crime) Jail overcrowding (overcapacity force court officials to make uncomfortable decisions). Judges deliberately set bail so high that defendants perceived to be dangerous will be unable to past bail and therefore await trial in jail. The average daily jail population is approximately 650,000; more than 14 million admissions to local jails each year.

# posted by

Anonymous : 5:47 PM

Question #2

Due Process model- Ten percent bail deposit, pretrial service programs. These programs offered new ways to accomplish the purpose of bail: to guarantee appearance for trial. Stresses that the only purpose of bail is to ensure that the defendant appears in court for trial.
Crime Control Model- focuses on pretrial crimes and preventive detention. Stresses that bail should be used to protect society, they focus on defendants who are likely to commit further crimes while out on bail

# posted by

Anonymous : 5:51 PM

How does bail and bail settings illustrate the differences between law on the books and law in action?

Law on the books: Allowing defendents to be released from jail pending trail originated in 13th century england. The colonists brought the concept of bail with them across the Alantic. Becoming embedded in the eighth anendment," excessive bail shall not be required". Bail is a guarantee, in return for being released from jail, the accussed promises to return to court a sneeded. This is guaranteed by posting money or property with the court. Bail procedures vary according to the seriousness of the crime. Those arrested for minor misdemeanor can be released fairly quicly by posting bail at the police station. The lower court judge have adopted a fixed bail schedule which species an exact amount for each offense.

Law in action: Realities of bail system in the united states reflects an attemot to strike a balance between the legally recognized purpose of setting bail to assure reappperence for trail and the working perception that some defendants should not be allowed out of jail until their trail. Freeing all the murder, robbery, and rape is not politically feasilbe no matter what the chances are of the accused later appearing in court. Legal protestion such as the right to bail are meaningful only in the context of policies that execute those protections. The higher the bail , less likely the accused will be able to secure pretaril release.

# posted by

Anonymous : 5:52 PM