NCJ Number
15792
Journal
Ohio State Law Journal Volume: 34 Issue: 3 Dated: (1973) Pages: 586-598
Date Published
1973
Length
13 pages
Annotation
EXAMINATION OF A SERIES OF CONSTITUTIONAL ARGUMENTS WHICH SUPPORT A FINDING THAT STATES MUST ALLOW SENTENCE CREDITING FOR PRETRIAL JAIL TIME SERVED BY STATE CRIMINAL DEFENDENTS DUE TO AN INABILITY TO POST BAIL.
Abstract
THE AUTHOR QUOTES SUPREME COURT DECISIONS WHICH RULED THAT 'BAIL OR JAIL' PRONOUNCEMENTS BY FEDERAL COURTS DENY INDIGENTS EQUAL PROTECTION UNDER THE LAW. AN ANALOGY IS DRAWN BETWEEN THESE RULINGS AND THE RIGHTS OF STATE CRIMINAL DEFENDENTS. OTHER CONSTITUTIONAL GROUNDS DISCUSSED FOR SENTENCE CREDITING INCLUDE THE EIGHTH AMENDMENT PROVISION AGAINST EXCESSIVE BAIL, THE SIXTH AMENDMENT RIGHT TO TRIAL, AND THE FIFTH AMENDMENT GUARANTEE AGAINST DOUBLE JEOPARDY. THE DISCRIMINATORY EFFECTS ON INDIGENTS OF A MONETARY BAIL SYSTEM ARE ALSO EXPLORED.