Why does the presumption of innocence require that those who have been arrested be released, pending trial?
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Why does the presumption of innocence require that those who have been arrested be released, pending trial?
We have a Constitutional right to bail. If we are not a "flight risk" or the crime is not a capital offense, we are entitled to be released either on some sort of bail or recognizance. The "presumption of innocense" has nothing to do with it. God bless America, right?!
Go away, please, troll.Quote:
Originally Posted by TheLivingJuliet
It does not. You are innocent until proven guilty in a court of law. Therefore, you cannot be jailed or imprisoned as punishment until found guilty. However, to insure your appearance at trial, you may be held without bail or offered bail, depending upon the laws of the US and specific states.Quote:
Originally Posted by TheLivingJuliet
Laws exist that allow LEO's and others to arrest a person found committing a crime, or in certain circumstances upon probable cause, indictment or under warrant.
This is to insure the person appears in court. In Fact, this concept has been around since before the US Constitution.
The 8th ammendment says, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
This is to prevent the government from jailing or imprisoning a person on simply a criminal charge, which basically is just an accusation of wrongdoing.
The oppressive govenment from which our founders came would often jail people with no evidence and no trial.
Troll? He is a 16 year old kid taking his first law classes in school. This is a legitmate question. MANY adults don't understand this.Quote:
Originally Posted by Star
For Pete's sake....I know I am fast to jump on trolls and ****, but this place is getting to the point that anyone not in the "in crowd" gets hammered and treated like crap.
Its happening much too frequently. IMO.
Quote:
Originally Posted by Old Trooper
Actually it does in concept.
Sorry! :oQuote:
Originally Posted by txinvestigator1
I'm a she...and thanks tx.Quote:
Originally Posted by txinvestigator1
Also, thank you to the others who answered. It was a great help.
:eek: I guess the "juliet" in your username should have been a clue. :slapsforehead:Quote:
Originally Posted by TheLivingJuliet
lol.Quote:
Originally Posted by txinvestigator1
Mistakes will happen. :)
In the federal system the judge deciding pretrial detention may consider only two things: Is the person a flight risk? Is the person a danger to the community?
If either or both of those are found to be the case and there are no available conditions/restrictions etc., which the Court could place that would mitigate the prevailing circumstance, the person will be held in pretrial confinement.
Generally it is the governments burden to show that the person is a flight risk and/or danger to the community, however, there are several crimes which statutorily have a presumption of confinement. Those crimes are all persons crimes, usually involving violence or the exploitation of children.
Swat1*