Re: Heads up, Tex prop-13 to jail innocent men without bail

In article <kGqVa9AbtuIHFwjz@xxxxxxxxxxxxxxxx>, pah@xxxxxxxxxxxxxxx
says...
In uk.legal on Sat, 27 Oct 2007, Avenger <avenger@xxxxxxxxxxxxxx> wrote
:
Only in extraordinary circumstances should bail be
denied

Presumably that would be when the suspect has a history of jumping bail?

That would still depend upon the circumstances and what you mean by jumping
bail. If a defendant failed to appear on say a trivial charge like drunk
driving he should still be entitled to Reasonable bail even in more serious
charges.

Only in extraordinary circumstances should bail be denied
and in these cases the defendant is entitled to every right he would have
had if he had been bailed ,with the exception of course that he can't leave.
But he should be held under comfortable home like conditions with access to
everything he would have had at home whether it is a computer, phone, food,
clothes or a glass of vodka. Denial of bail is used to punish innocent
people in advance and to soften them up for a plea bargain by the
prosecutor. Excessive bail is the same as no bail. 99% of defendants should
just be released with their promise to return for trial.

I tried to look for statistics on bail-jumping, such as the % of
suspects who do so - but couldn't seem to ask the right question via
Google...

Amendment VIII

Excessive bail shall not be required

But how much is 'excessive'?

, nor excessive fines imposed

Again...

, nor cruel
and unusual punishments inflicted.

But the death penalty is OK? :)

Seriously though, I'm not anti-death penalty - but how is that squared
with the 'no cruel & unusual punishments' clause?

At the time that was written, hanging was considered neither cruel nor
unusual. Standards change. Today, a lot of the cruelty in capital
punishment seems to me to be the years of delay before the execution.


Mark Borgerson

.

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