November 16, 2007

On the Right to Bail

The 8th Amendment to the U.S. Constitution establishes the right to reasonable bail. And shouldn't a civilized society which subscribes to the presumption of innocence and requires that a person be proven guilty of a crime only by proof beyond a reasonable doubt have such compassion?

The right distinguishes this country from other societies, like those presided over by dictators and the military, in which individuals are held for indeterminate lengths of time without being charged and without bail.

How could this happen in America? How can one who is innocent, not just presumed innocent, but actually innocent of any wrong-doing be detained by the authorities and held without any opportunity to be released on bail, let alone without the opportunity to petition for a writ of habeas corpus, especially when the one accused of the crime is released on bail?

Posted by Bill at November 16, 2007 03:07 PM
Comments

Disgusting, Bill. I suppose you'll be filing a motion soon? I'll be happy to escort the incarcerated to his proper home.

Posted by: Joel at November 16, 2007 06:26 PM

I wonder if the guys down at the crime lab have been on Mr. Toad's Wild Ride yet.

Posted by: Kyle at November 16, 2007 07:05 PM

Poor little guy! Not a bit fair...

Posted by: tracy at November 17, 2007 12:46 AM

Kyle: That thing scared the life out of me when I was a kid!

Posted by: Joel at November 17, 2007 01:20 AM