The Eighth Amendment Analysis
As the Eighth Amendment protects against the issuance of an excessive bail, there is no “absolute” guarantee of a pretrial release although as the justice system asserts that a suspect is innocent until proven guilty. That said, it is stated that the courts base the issuance of bail and thus release on the strength of the prosecutor’s case in addition to the actions of the suspect in his interactions with witnesses /law enforcement and the securing of evidence. If the courts find that the suspect is hostile, seeks retaliation or otherwise seeks to intimidate witnesses or destroy evidence, pretrial release is denied (Zalman, 2011).
While I will concede that there may me instances, where an individual is falsely charged with a crime and the option of bond, is available, I do not feel comfortable indicating which crimes are more heinous than others, I would assert that crimes against the elderly or defenseless persons, children, crimes sexual in nature and any crime where the life of another is taken or attempted to taken then amended to a lesser charge should not be eligible for a pretrial release. As these victims are often …show more content…
distraught over the occurrence of the violation; the thought that the suspect is free to walk the streets until a trial can be demoralizing, and has the possibility of the victim being intimidated by the suspect in an attempt to get the victim to drop the charges.
The perception of the bondsman has often been that of one who gains from another’s misfortune.
As bondsmen assume the responsibility of assuring that the suspect; which the judge has opted to release upon specified conditions; appears before the court to stand trial for the alleged crimes. For many, obtaining a bond affords them the ability to continue to live as normal a life as possible until the trial date. Likewise, having made bond allows the suspect to readily participate in the preparation of his difference and helps to alleviate the overcrowding of .the jails. Suspects who would otherwise be unable to post a bond specified by the court are able to more readily afford the fees of the bondsman, and as such, are not subject to the sub-standard accommodations of a pre-detention facility while waiting for a court date (Zalman,
2011).
While I will concede that there may me instances, where an individual is falsely charged with a crime and the option of bond, is available, I do not feel comfortable indicating which crimes are more heinous than others, I would assert that crimes against the elderly or defenseless persons, children, crimes sexual in nature and any crime where the life of another is taken or attempted to taken then amended to a lesser charge should not be eligible for a pretrial release. As these victims are often …show more content…
distraught over the occurrence of the violation; the thought that the suspect is free to walk the streets until a trial can be demoralizing, and has the possibility of the victim being intimidated by the suspect in an attempt to get the victim to drop the charges.
The perception of the bondsman has often been that of one who gains from another’s misfortune.
As bondsmen assume the responsibility of assuring that the suspect; which the judge has opted to release upon specified conditions; appears before the court to stand trial for the alleged crimes. For many, obtaining a bond affords them the ability to continue to live as normal a life as possible until the trial date. Likewise, having made bond allows the suspect to readily participate in the preparation of his difference and helps to alleviate the overcrowding of .the jails. Suspects who would otherwise be unable to post a bond specified by the court are able to more readily afford the fees of the bondsman, and as such, are not subject to the sub-standard accommodations of a pre-detention facility while waiting for a court date (Zalman,
2011).