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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 millionaire, regardless of the underlying offense, wealth of the defendant, or any other circumstance." [7] The court reduced bail to ...
The bail system is further criticized for being arbitrary in how it is applied. [63] [79] Legally, bail determination is based on four factors: seriousness of the crime, ties to the community, the flight risk posed by the defendant, and the danger posed by the defendant to the community. California Penal Code section 1269b provides an example ...
Michigan, 501 U.S. 957 (1991), a fractured Court retreated from the Solem test and held that for non-capital sentences, the Eighth Amendment constrains only the length of prison terms by a "gross disproportionality principle". Under this principle, the Court sustained a mandatory sentence of life without parole imposed for possession of 672 ...
But others have seen increases, possibly because with the elimination of bail, people can no longer pay their way out of jail. In Lake County, the jail population decreased from 686 people on ...
Generally the motion cannot be based on grounds which were previously considered when deciding a motion for new trial or on an appeal of the judgment, thus the motion can only be granted in unusual circumstances, such as when the judgment was procured by fraud which could not have been discovered at the time of the trial, or if the court ...
According to her lawyer, Shiver will be released under her original bail conditions, meaning she will be allowed to return to the United States. Her bail stands at $100,000, Good Morning America ...
An attorney who unsuccessfully sued to overturn former President Donald Trump’s 2020 loss in Michigan posted a $10,000 bond and was released from jail after appearing in a Michigan court on an ...
United States v. Salerno, 481 U.S. 739 (1987), was a United States Supreme Court decision that determined that the Bail Reform Act of 1984 was constitutional, which permitted the federal courts to detain an arrestee prior to trial if the government could prove that the individual was potentially a danger to society.