What standard of proof must be met to deny a defendant bail?

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brettd's profile pic

brettd | High School Teacher | (Level 2) Educator Emeritus

Posted on

The main standard judges use to determine whether or not a person should be given bail is flight risk.  In other words, what is the likelihood that the defendant will not show up for trial.  Do they have a history of jumping bond?  Do they have ties to or property in the community?  How serious was the crime and possible punishment?  All of these factors determine whether or not a person is likely to jump bail and skip the upcoming trial.

In addition, a judge might consider whether or not the defendant has a criminal record that shows a tendency towards violent behavior, and therefore might be a danger to his/herself or others.  It is relatively rare that bail is denied, especially given the fact that so many trials may take a year or more to see the inside of a courtroom.  Given that the defendant is, by definition, not yet convicted, judges are often reluctant to deny bail altogether, and in doing so perhaps run afoul of the 8th Amendment prohibition of excessive bails, fines or punishments.  That does not prevent them sometimes from setting high bails in capital cases.


bor's profile pic

bor | (Level 1) Valedictorian

Posted on

The 8th Am's provision of excessive bail is not applicable to the states except in 1 federal appeals circuit, if I remember correctly. The practical effect of excessive bail is though, a denial of bail. State constitution's often have excessive bail provision's and or apply the federal 8th on thier own.
yitbarek's profile pic

yitbarek | (Level 1) eNoter

Posted on

i think their must be some thing that evaluat the speach of witneces by cheking their heart bit or some thing that folow the motions of those witneces. The punishment for laying witneces must be riesed because truthe can not be hiden forever so, one day that lay may be found and justice may gone modifie its decisions. When we are living in this world we found many kinds of peoples and every person has its own moral so, some days his super ego my rise and he may get disturbed so i bleave we are better to work with those psychologists that provide advise for endividuals that get disturbed. And I bleave we need to keep our eyes on witneces for long in non-convincing cases because they are gone use drugs to the future to forget their bad lies and memories.

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