Pre-Trial Procedures W5 DQ2

Pre-Trial Procedures W5 DQ2
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A criminal defendant may be issued with bail if the court believes that the accused person will not flee when released on bail. The court may consider circumstances such as the local employment of the employee, several years of local habitation, and solid ties with family members within the suspect’s locality before releasing the suspect on bail. Court bail may be issued during the pretrial period, when a sentence is pending, and sometimes before an appeal hearing begins. It may include the payment of money before a trial or non-monetary personal recognizance bail.
A criminal prosecutor may exercise discretion with allowing for bail based on some few factors. The factors include the possible risk of a suspect escaping the jurisdiction; the danger posed to the community by a suspect, previous criminal records, and the gravity of a purported crime among others. A judge may then consider the factors and consider if the criminal suspect can be released on bail.
Sometimes, a judge might refuse to grant bail to a suspect. Some of the reasons include advice from knowledgeable officers, past behavior of missing court hearings, a foreigner, and the prevalence of a crime and so on. If a judge is also convinced that there is a high flight risk, bail is denied to the suspect. Additionally, a severe crime can result in denial of bail.
The Constitutional amendment that concerns bail is the eighth amendment.

It protects the criminal suspect from excessive bail, the imposition of excessive fines, and infliction of unkind and unusual sentences. The judicial system is restrained from setting excessive bail while the state and the federal government cannot impose fines that exceed set fines under the clause of excessive fines before the suspect’s trial.
References
F Cole G, C E Smith & C DeJong, The American System of Criminal Justice, 16th edn, Cengage Learning, Boston: Massachusetts, 2018.