CCJ 3011 Lecture Notes - Lecture 10: Nolo Contendere, Excessive Bail Clause, Preliminary Hearing

• School: FIU
• Department: Criminology and Criminal Justice
• Course: CCJ 3011
• Professor: Saiz Juan

Document Summary

Formal written document identifying the charge, the date, the place the crime occurred, and the circumstances of the arrest: arraignment. Eighth amendment: prohibits excessive bail, no constitutional right to bail, types of bail. Stack v. boyle (1951) bail is excessive when it exceeds an amount reasonably calculated to ensure the defendant will return to trial. Surety bail ~10% is paid to a bonding agent, who them posts full bail: if defendant does not show in trial, defendant is liable for the total bail (bounty hunter, 10% paid to agent is not returned. Conditional bail: defendant released on promise to abide by some specific conditions in lieu of cash. Unsecured bail: defendant released with no requirement of payment, if defendant fails to appear, they are liable for full amount. Release on recognizance: public figure/community figure, release without bail on promise to return to trial, pretrial detention.