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NCJ Number: 68081 Find in a Library
Title: BAIL AND PRE-TRIAL RELEASE
Journal: CRIMINAL DEFENSE NEWSLETTER  Volume:3  Issue:1  Dated:(OCTOBER 1979)  Pages:1-5
Author(s): D VANHOEK
Date Published: 1979
Page Count: 5
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: THIS ARTICLE REFERS CRIMINAL DEFENSE ATTORNEYS IN MICHIGAN TO RULES GOVERNING BAIL DECISIONS; IT FOCUSES ON RECENT CHANGES IN THE LAW AND COMMON AREAS OF DISPUTE
Abstract: MICHIGAN'S CONSTITUTION STATES THAT ALL PERSONS ARE BAILABLE (BEFORE CONVICTION) BY SUFFICIENT SURETIES, EXCEPT FOR MURDER AND TREASON WHEN THE PROOF IS EVIDENT OR THE PRESUMPTION GREAT. THIS LANGUAGE HAS BEEN INTERPRETED IN DIFFERENT WAYS. SOME SAY THAT AN INDICTMENT ALONE PROVIDES ADEQUATE PROOFS AND PRESUMPTIONS, BUT OTHERS HAVE REQUIRED THE STATE TO ADDUCE FACTS IN ADDITION TO AN INDICTMENT. AS A GENERAL MATTER, COUNSEL MAY REMIND THE COURT THAT DOUBTS AS TO WHETHER BAIL SHOULD BE GRANTED OR DENIED SHOULD ALWAYS BE RESOLVED IN FAVOR OF THE DEFENDANT. PREVENTIVE DETENTION IS IMPROPER BECAUSE AN ACCUSED MAY NOT BE PUNISHED ON THE BASIS OF ANTICIPATED CONDUCT. AN ACCUSED IS PRESUMED INNOCENT OF FUTURE CONDUCT AS WELL AS THE CONDUCT WHICH HAS BEEN CHARGED. THE ONLY LEGITIMATE PURPOSE OF BAIL IS TO INSURE APPEARANCE OF THE ACCUSED AT LATER STAGES OF THE PROSECUTION. COUNSEL MAY TAKE INTO ACCOUNT SUCH MATTERS AS SPECIFIC THREATS AGAINST WITNESSES AND ORDER PREVENTIVE DETENTION, BUT COUNSEL MAY NOT EXTEND THE PREMISE TO COVER GENERAL DANGEROUSNESS TO SOCIETY WITHOUT OFFENDING DUE PROCESS. WHILE COURTS OPT MOST FREQUENTLY FOR MONEY BAIL, COUNSEL SHOULD BE PREPARED TO ARGUE FOR THE LEAST INTRUSIVE FORM OF PRETRIAL RELEASE, INCLUDING RELEASE ON A DEFENDANT'S OWN RECOGNIZANCE AND CONDITIONAL RELEASE. MOREOVER, THE AMOUNT OF MONEY BAIL SET IS 'EXCESSIVE' UNDER THE FEDERAL AND STATE CONSTITUTIONS IF IT IS SET AT A FIGURE HIGHER THAN NECESSARY TO ASSURE THE ACCUSED'S PRESENCE. MONEY BAIL BECOMES PARTICULARLY CIRCUMSPECT WHEN DEMANDED OF AN INDIGENT ACCUSED; SUCH BAIL MAY DENY EQUAL PROTECTION OF THE LAWS. REVIEW OF THE BAIL DECISION MUST BE SPEEDY TO INSURE EFFECTIVENESS. IN MISDEMEANOR CASES AND FELONIES, DEFENDANTS RECEIVE ANOTHER CHARGE OF FELONY OR MISDEMEANOR AS PER THEIR PREVIOUS CHARGE. FINALLY, MISDEMEANOR BAIL STATUTES GIVE ARRESTEES THE RIGHT TO RECOGNIZE WITHOUT DELAY TO EITHER A MAGISTRATE OR THE ARRESTING OFFICER OR JAILER; THIS ACT AVOIDS THE UNNECESSARY INCARCERATION OF MINOR OFFENDERS. CASE LAW IS CITED.
Index Term(s): Bail discrimination; Bail review; Defense counsel; Defense preparation; Michigan; Pretrial release
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=68081

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