SOC209H5 Lecture Notes - Lecture 7: Reverse Onus, The Offence, Domestic Violence
Document Summary
Bail or remand- release you on bail or remand you on custody. Bail- judicial interim release forfeit money and then have to come back on court day, presumption of release until your trial date. But under special case; show up because hearing- keep them in custody (remanded to custody) Show cause - demonstrate reason for detention, the state has to prove why you need to be kept in custody. Factors: priors, current charges, pervious failure to appear. Risk avoidance-because we do not want to take risk/ chance so you remand and you don"t have to worry. If you have no where to go no job, uncertainty. Problems: about 80% of jail population, lack of treatment and services, uncertain length of stay, expensive, counterproductive, inability to assist. Surity- an individual who vouches that they will watch over the accused and put up money for it, they"ll make sure the accused behaves and abides to the condition for release.
