NCJ Number
59225
Journal
Villanova Law Review Volume: 23 Issue: 5-6 Dated: (SEPTEMBER 1978) Pages: 977-1040
Date Published
1978
Length
63 pages
Annotation
A LAW REVIEW ARTICLE ADDRESSES THE INEQUITY OF THE BAIL SYSTEM FOR THOSE WHO ARE POOR AND ACCUSED OF CRIME. THE PROBLEM IS ONE OF EQUAL PROTECTION AND DUE PROCESS OPERATING IN A CAPITALIST SYSTEM.
Abstract
IF EQUAL PROTECTION AS SET OUT IN THE 14TH AMENDMENT IS NOT POSSIBLE FOR ALL REGARDLESS OF ECONOMIC STATUS, THIS FAILURE VIOLATES THE GUARANTEES OF DUE PROCESS PROVIDED IN THE FIFTH AMENDMENT. THE BAIL QUESTION IS EXAMINED, WITH CASES AND RULINGS SUPPORTING ARGUMENTS ON BOTH SIDES. THE SCOPE OF THE RIGHT TO BAIL UNDER THE EIGHTH AMENDMENT, THE CASH BAIL SYSTEM UNDER THE EQUAL PROTECTION CLAUSE, THE PRESENT OPERATION OF THE BAIL SYSTEM, INCLUDING CRITERIA FOR DENYING BAIL, THE THEORY AND PRACTICE OF FIXING BAIL, PROBLEMS OR PROCEDURAL OBSTACLES TO REVIEW OF THE ORIGINAL BAIL SETTING, THE RELATIONSHIP OF PRETRIAL DETENTION AND CASE DISPOSITION, STATISTICAL FINDINGS ON THE NATURE AND EFFECT OF PRETRIAL CONFINEMENT, ARE DISCUSSED WITH RECOMMENDATIONS CONSISTENT WITH THE 14TH AMENDMENT. THE U.S. SUPREME COURT HAS NOT DIRECTLY ADDRESSED THE BAIL ISSUE. THERE IS DISCRIMINATION BASED ON WEALTH WHICH IN TURN AFFECTS THE FUNDAMENTAL INTERESTS OF FREEDOM, THE RIGHT TO A FAIR TRIAL. IT IS CONCLUDED THAT TRUE FAIRNESS IS NOT POSSIBLE UNDER THE CAPITALIST SYSTEM AND THE U.S. CONSITUTION OFFERS NO REAL REMEDY. EXTENSIVE FOOTNOTES ARE PROVIDED. (RFC)