CRIM 12000 Lecture Notes - Lecture 18: Bail, Sentenced, Exclusionary Rule
29 Apr 2019
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Amount of bail varies with the severity of the offense and the characteristics of the accused. Defendant retains a criminal liability; just a release pending future court processing. Different pre-trial release/bail options: bond yourself out, bail bond agent, 10 percent system, ror/ptr bond. Stack v. boyle (fail to appear test) - bail may be denied if there is probable cause to believe that defendants will fail to appear at future judicial proceedings. U. s. v. salerno (dangerousness test) - bail may be denied if there is clear and convincing evidence that defendant are dangerous and pose a threat to the community at large and the court participants in particular. Taylor v. taintor - bail bond agents may use physical force to capture their bondees who have skipped bail, as long as the force used is reasonably related to the custody and/or transportation of the bondees. State presents evidence/defense cannot: shred, shotgun.
