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Under the Salerno ruling, pretrial detention without bail on the grounds of an arrestee's dangerousness is constitutional. [19] According to the text of the decision, pretrial detention was considered to be a form of "regulation" rather than of "punishment". Bail may also be denied if the funds used to post the bail likely came from an illegal ...
After the bail has been posted, the court must again review the grounds for bail, and must decide either to accept or refuse the bail. [20] When accepting the bail, the court may also require the charged person to stay in the country. [21] The court may decide to rescind the bail if the charged person [22]
There are three different grounds for detaining an accused prior to sentence. [29] They are commonly referred to as primary grounds, secondary grounds, and tertiary grounds. Primary grounds refers to whether detention is necessary to ensure the accused's attendance in court. Considerations include the accused's criminal history, their behaviour ...
The Eighth Amendment was adopted, as part of the Bill of Rights, in 1791.It is almost identical to a provision in the English Bill of Rights of 1689, in which Parliament declared, "as their ancestors in like cases have usually done ... that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
One example of a large bail requirement was a case in Texas where New York real estate heir Robert Durst received a bail of $3 billion. The Durst's lawyer appealed the bail to the Texas Court of Appeals. The court responded that "it could not find a case where bail was set, let alone upheld, at even 1 percent of any of the amounts against the ...
Westchester DA candidates in the Democratic primary Susan Cacace and William Wagstaff answer questions on the election.
Georgia, once a self-proclaimed leader in criminal justice reform, is sliding a little further toward its old lock-'em-up ways. State senators voted 30-17 on Thursday to require cash bail for 30 ...
The Bail Reform Act of 1966, one of the first significant pieces of the federal bail legislation, made "willfully fail[ing] to appear before any court or judicial officer as required" punishable by up to five years in prison and a $5,000 fine. [12] In 1984, Congress increased the sanctions for FTAs in federal court. [13]