CCJ 210 Lecture Notes - Lecture 7: Bail Bondsman, Allocution, Surety Bond
26 Jun 2018
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Court Process: Bail and Plea Agreements
Understanding Bail
- Bail
othe security (money of bail bond) given as a guarantee that a released defendant will
appear at trial
- If they show, security is returned to them
oIf not, lose the security
- 8th amendment: bail cannot be excessive
- Process: lower court judge, “fixed bail schedule”
Forms of Bail
- Cash bond
- Property bond
- Release on recognizance
- Bail bond
Setting Bail
- Judges weigh 3 things when setting bail:
1. Uncertainty
Short time span, little information
2. Risk
What if a defendant is released and commits another crime?
3. Jail overcrowding
Have to consider resources
Establishing Bail Amount
- Seriousness of the crime
oMore serious the crime= higher bail
- Prior criminal record
oPrior crimes= higher bail
- Situational justice
oTaking cases individually
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Bail: the security (money of bail bond) given as a guarantee that a released defendant will appear at trial. If they show, security is returned to them: if not, lose the security. Judges weigh 3 things when setting bail: uncertainty. What if a defendant is released and commits another crime: jail overcrowding. Seriousness of the crime: more serious the crime= higher bail. Prior criminal record: prior crimes= higher bail. Situational justice: taking cases individually, honestly tests. Have to eat the cost when defendant jumps bail, so charge a 10% fee: don"t interact with the court through cash, purchase a surety bond with insurance company. Jail conditions: defendants remain in jail if they can"t pay. Race and ethnicity: hispanics, african americans, whites. Failure to appear: 22% missed one or more court dates, results in a bench warrant. Case disposition: not released on bail higher conviction rates and prison sentences.
