SOCI 2310 Lecture Notes - Lecture 15: Excessive Bail Clause, Preventive Detention, Sixth Amendment To The United States Constitution
Document Summary
Vast majority of criminal cases are resolved during pretrial; never come before court. As the chances of fleeing increases (likely to, financial means), bail may increase. Bail is a cash bond or other security intended to ensure the defendant appears. Excessive bail is not a fixed determination, often based on earlier cases and situations, up to judges discretion. Supreme court ruled 8th amendment does not apply to all states in regards to bail. Severity of crime, race ethnicity of person committing crime, previous history, use of force, whether anyone is home(burglary) Felony cases, bail set at a formal hearing. Less serious cases, bail may be set by policy. Is evidence sufficient to indict or bring charges(true bill) Information process and preliminary hearing( much more common) 6th amendment right to be informed of charges. Nolo contendere- punishment but no admission of guilt. Encourages defendant to waive constitutional right to trial. May lead to lenient sentences for dangerous criminals.
