Explain the constitutional right to bail. Identify three constitutional rights our bail system denies to poor defendants, and explain how each is denied
What will be an ideal response?
There is no absolute constitutional right to bail, only a right against excessive bail. The
U.S. Supreme Court has ruled that amounts more than necessary to ensure that
defendants come to court for their trials are "excessive.". Thus judges and magistrates
have to calculate how much money it would take to guarantee that defendants will
appear for their trials.
Our bail system denies poor defendants due process of law, equal protection of the
law, and the right against excessive bail. Due process of law is denied to poor
defendants, because they can't help with their own defense if they are locked up.
Equal protection of the law is denied to poor defendants; because they are jailed,
because they are poor. Finally, the right against excessive bail is denied to poor
defendants, because they can't raise any amount required.
You might also like to view...
Crimes defined by public health frequently contemplate a low level of intent, frequently imposing a standard of ___________
Fill in the blank(s) with correct word
The ___________________ is a prime recruiting tool for gangs
Fill in the blank(s) with correct word
Some jurisdictions have experimented with banning plea bargaining for certain offenses
a. True b. False
Sleep-walking is the classic example of
a. automatism b. deficient actus reus c. Munchausen Syndrome d. a factitious disorder