Bail Reform: Hearings Before the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, First Session, on S. 440, S. 482, S. 1253, S. 1554 ... September 17 and October 21, 1981U.S. Government Printing Office, 1982 - 829 pages |
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Page 81
... standard which has permitted release of many defendants who have then committed additional offenses and often fail to appear , becoming fugitives who must be located and recaptured . The direction this subcommittee is willing to take is ...
... standard which has permitted release of many defendants who have then committed additional offenses and often fail to appear , becoming fugitives who must be located and recaptured . The direction this subcommittee is willing to take is ...
Page 121
... standard for bail depend on whether a victim of crime dies , thus making the offense a capital offense instead of just an ordinary violent felony ? In other words , I guess the question is : Should bail standards . depend on whether an ...
... standard for bail depend on whether a victim of crime dies , thus making the offense a capital offense instead of just an ordinary violent felony ? In other words , I guess the question is : Should bail standards . depend on whether an ...
Page 125
... standard of clear and convincing , or a test of substantial probability . It seems to me that the drafters of the bill want to make sure that the person being detained is someone who is likely to be convicted and , therefore , you are ...
... standard of clear and convincing , or a test of substantial probability . It seems to me that the drafters of the bill want to make sure that the person being detained is someone who is likely to be convicted and , therefore , you are ...
Page 127
... Standards . We are honored to welcome you here today , General , and are confident that we will profit from the experience of a former judge and current leader in the legal community . Accompanying General Hodson is Mr. Richard P. Lynch ...
... Standards . We are honored to welcome you here today , General , and are confident that we will profit from the experience of a former judge and current leader in the legal community . Accompanying General Hodson is Mr. Richard P. Lynch ...
Page 128
... standards , the American Bar Associ- ation would abolish only compensated sureties . Although we would abolish the professional bail bondsman , we would retain the right to post money bonds of various types : for example , where ...
... standards , the American Bar Associ- ation would abolish only compensated sureties . Although we would abolish the professional bail bondsman , we would retain the right to post money bonds of various types : for example , where ...
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Common terms and phrases
accused American Bar Association arrest attorney bail bond bail laws Bail Reform Act bail system bailable Bill of Rights bondsmen charged Circuit Justice committed conditions of release Congress Constitution conviction County crime criminal justice custody danger decision defendant defendant's denied detained discretion District of Columbia drug due process clause eighth amendment excessive bail clause failed to appear Federal Bail felony flee forfeiture fourteenth amendment GEORGETOWN LAW JOURNAL guilty habeas corpus imprisonment indictment issue jail judge judicial officer Judiciary jury Law Review legislation liberty Magna Carta money bail money bond offense pending trial percent personal recognizance pose presumption of innocence pretrial detention pretrial release Pretrial Services Agency preventive detention prior prison problem procedure process of law prosecution punishment release on bail right to bail rule Senator HATCH sentence sheriff standard statute Supp supra note Supreme Court surety bond tion United United States Constitution violation writ
Popular passages
Page 566 - Section 1 of the act is intended to include those persons who, by an habitual course of misconduct in sexual matters, have evidenced an utter lack of power to control their sexual impulses and who, as a result are likely to attack or otherwise inflict injury, loss, pain or other evil on the objects of their uncontrolled and uncontrollable desire.
Page 757 - Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law...
Page 549 - In approaching this problem, we cannot turn the clock back to 1868 when the Amendment was adopted, or even to 1896 when Plessy v. Ferguson was written. We must consider public education in the light of its full development and its present place in American life throughout the Nation.
Page 393 - The King willeth that right be done according to the laws and customs of the realm, and that the statutes be put in due execution, that his subjects may have no cause to complain of any wrong or oppression contrary to their just rights and liberties ; to the preservation whereof he holds himself in conscience as well obliged, as of his prerogative.
Page 676 - No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.
Page 708 - The taking by a State of the private property of one person or corporation, without the owner's consent, for the private use of another, is not due process of law, and is a violation of the Fourteenth Article of Amendment of the Constitution of the United States.
Page 393 - ... law of the land. IV. And in the eight and twentieth year of the reign of King Edward III, it was declared and enacted by authority of parliament, that no man, of what estate or condition that he be, should be put out of his land or tenements, nor taken, nor imprisoned, nor disherited, nor put to death without being brought to answer by due process of law.
Page 640 - And upon all arrests in criminal cases, bail shall be admitted, except where the punishment may be death, in which cases it shall not be admitted but by the Supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein, regarding the nature and circumstances of the offence, and of the evidence, and the usages of law.
Page 323 - A person (1) who is charged with an offense punishable by death, or (2) who has been convicted of an offense and is either awaiting sentence or has filed an appeal or a petition for a writ of certiorari...
Page 227 - It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.