Right To Baill

#4 –– Is everyone entitled to bail? Under what circumstances might one not be entitled to bail? Bail is an important component within the criminal justice system and is historically rooted in common law culture since the late 1600’s in New England. The process of bail is the temporary release of an accused person awaiting trial. The individual awaiting trial is released when another citizen has the ability to post bail by providing the court with enough money to serve as collateral for the defendant’s appearance at trial. However, there are many factors that are included in the decision to allow a suspect to post bail. The likelihood of the defendant to flee, the threat of danger that the defendant might pose, and the possibility that he/she may not appear at trial are just a few legitimate concerns that the system must evaluate before allowing for the option of bail. Although the right to bail is generally granted to most defendants awaiting trial, there are some circumstances where this option can be denied. In cases involving murder, bail is almost never an option. There are only special circumstances where bail could even be considered in murder cases and even if the option is granted, the judge will usually set bail at no less than $1 million. Additionally, in cases involving defendants who had been
convicted of attempting to escape prison, with or without force, there is also a very low chance of bail. Moreover, if the judge is aware that the defendant has stated to an officer or any member of the pretrial process that he/she does not intend to return to trial, then the judge will not grant the defendant an opportunity for bail. Likewise, if the crime being investigated is so offensive that the defendant may pose a threat to someone involved in the case or to other civilians, then the judge will most likely deny the possibility of bail to ensure the safety of others.

#10 –– What were some important provisions of the Bail Reform Act of 1984 in terms of how citizens were treated when arrested? The bail reform movement is a coalition of individuals who believe that “bail is inherently discriminatory” (p.
151). The passing of the Bail reform Act of 1966 assumed that all individuals, regardless of their economic status, must not be detained without reason while waiting to answer their accused charges. The more recent passing of the Bail Reform Act of 1984 primarily affected the discretion of judges, providing them with more initiative in releasing and setting bail for defendants. Also under this act, judges are obligated to hold one or more meetings evaluating the threat posed by the accused person, providing a more thorough analysis of the
accused.
During this process the judge may assess certain characteristics of the accused such as, his/her psychological state, criminal history, availability of money or resources, and his/her history with substance abuse or addictions. If the judge determines that one or more of these aspects are a legitimate risk, he/she may deny bail. Following the denial of bail, the court must issue a written order with findings of fact and a statement of the reasons for the detention. Ultimately, the Bail Reform Act of 1984 was adopted with the intention of preventing a loophole for dangerous or troublesome offenders who pose a risk to society as a whole. The enactment of this legislation was in response of defendants who committed further violent crimes after being released on personal recognizance.