[CJ] Chapter 12: Bail

Question 1

Presumption of innocence

Answer 1

When the system treats the defendant as innocent until the state proves their guilty beyond a reasonable doubt or until they plead guilty.

Question 2

Bail

Answer 2

Ensuring that the defendant does not flea, rather appears in court and stands trial/to ensure that the defendant appears at the date and at the trial, if there is one.

Question 3

Bail hearing

Answer 3

When the judge decides whether the defendant should go free after the arrangement, and if so, under what conditions.

Question 4

Release them on their own recognizance (ROR)

Answer 4

The judge must first determine that they are reliable and will appear in court based merely on their own promise to do so.

Question 5

Set bail

Answer 5

Meaning a set amount of money that the defendant and/or family and close friends will lose if they fail to appear in court.

Question 6

Deny Bail

Answer 6

When the judge may determine that the only way to secure the defendants return is to deny bail. In other words, the defendant is sent to detention in jail to await future court dates and any trial.

Question 7

Bail Bond

Answer 7

Is a written document stating that the signer will guarantee the defendant’s return to court, and forfeit the amount of the bail if they do not return.

Question 8

Bail bondsman

Answer 8

When the judge may require that those who signed the bond produce evidence that they own assets equal to the amount of the bail, they have the help of a bails bondsman. In return for a percentage of the bill amount of bill bondman the bond.

Question 9

Preventative detention

Answer 9

The jailing of a person that a judge considers a danger to the community.

Question 10

When the judges set bail, does it have to consider the defendants ability to post bail?

Answer 10

Yes!
If the judge sets bail under the eighth amendment, it cannot be excessive, meaning the judge cannot set the same bail for a millionaire and a poor person.

Question 11

To release a defendant on ROR, the judge must decide if the defendant is…

Answer 11

1) reliable and will appear
2) fails to appear, the judge will issue a bench warrant

Question 12

The conflict in Bail between…

Answer 12

1) the presumption of innocence
2) the arrestee has violated the law

Question 13

Who decides whether the defendant is trustworthy in bail?

Answer 13

The JUDGE!!

Question 14

If the defendant pays the bail and doesn’t show up to court/trail…?

Answer 14

1) judge makes arrest warrant
2) court keeps the money

Question 15

If the judge does not want to release the defendant on their own recognizance (ROR), then he can…?

Answer 15

1) Set Bail
2) use alternative means
[a] supervised release
[b] electronic monitoring
3) Deny bail and send to jail