Bail Bonds Essays - Criminal Law, Legal Professions, Bail

Bail Bonds Criminal Law term paper 17OCT00 Bail Bonds The principle of bail is basic to our system of justice and its practice as old as English law itself. When the administration of criminal justice was in its infancy, arrest for serious crime meant imprisonment without preliminary hearing and long periods of time could occur between apprehension and the arrival of the King's Justices to hold court. It was therefore a matter of utmost importance to a person under arrest to be able to obtain a provisional release from custody until his case was called. This was also the desideratum of the medieval sheriff, the representative of the Crown in criminal matters, who wore many hats including that of bailing officer. He preferred the conditional release of persons under arrest to their imprisonment for several reasons: it was less costly and troublesome; the jails were easy to breach and under then existing law the Jailer was hanged if a prisoner escaped; the jails were dangerous to health, and as there was no provision for adequate food, many prisoners perished before trial was held Purpose Of Bail - 2Influenced by factors such as these, the sheriff was inclined to discharge himself of responsibility for persons awaiting trial by handing them into the personal custody of their friends and relatives. Indeed, in its strict sense, the word bail is used to describe the person who agrees to act assuredly for the accused on his release from jail and becomes responsible for his later appearance in court at the time designated. As surety, the bail was liable under the law for any default in the accused's appearance. Purpose Of Bail - 3Between the 13th and 15thcenturies the sheriff's power to admit to bail was gradually vested, by a series of statutes, in the justices of the peace. In the case of a person committed for felony, the justices of the peace had the authority to require, if they thought fit, his remaining in jail until the trial took place, but, on the other hand, a person committed for a misdemeanor case could, at common law, insist on being released on bail if he found sufficient sureties. Writing in the mid-1700's, Blackstone described the arrest-bail procedure his day in the following passage: When a delinquent is arrested...he ought regularly to be carried before a justice of the peace...If upon...inquiry it manifestly appears that either no such crime was committed or that the suspicion entertained of the prisoner as wholly groundless, in such cases only it is lawful totally to discharge him. Otherwise he must be committed to prison or give bail; that is, put in his securities for his appearance to answer the charge against him. This commitment, therefore, being only for safe custody, wherever bail will answer the same intention it ought to be taken...Bail is...a delivery or bailment of a person to his sureties, upon their giving (together with himself) sufficien t security for his appearance; he being supposed to continue in their friendly custody, instead of going to goal. The notion of bail pending trial was not changed over the centuries. For instance, Mr. Justice Robert H. Jackson of the Supreme Court in discussing its purpose said, The practice of admission to bail, as it evolved in Anglo-American law, is not a device for keeping persons in jail upon mere accusation until it is found convenient to give them a trial. On the contrary, the spirit of the procedure is to enable them to stay out of jail until a trial has found them guilty. Without this conditional privilege, even those wrongfully accused are punished by a period of imprisonment while awaiting trial and are handicapped in consulting counsel, searching for evidence and witnesses, and preparing a defense, Admission to bail always involves a risk that the accused will take flight. That is a calculated risk which the law takes as the price of our system of justice The possibility that the accused might flee or hide must, of course, be squared with the traditional right to freedom pending trial. In order to reconcile these conflicting interests, therefore, his release on bail is conditioned upon his giving reasonable assurance in one form or another that he will appear at a certain time

Free Essays on Metamorphisis

Figurative versus Literal: a Discussion of Metamorphosis Can anyone wake up one morning, and like Kafka’s character Gregor Samsa, turn into an insect? Not without upsetting several natural laws of nature. Great literature, being defined as works that have withstood the test of time, is fraught with allegories and subtle implications, which are meant to provoke thought in the reader. In Kafka’s Metamorphosis, the reader watches a transformation of the main character from a man into a cockroach and his family’s reaction to it. The meaning, however, stretches beyond just the scientific impossibility of a human transforming into an insect and envelopes a criticism of societal views of the workingman and his view of himself. Franz Kafka’s Metamorphosis is a classic tale embodying the existentialist condition. The reader is only given a mere glimpse into the life of the main character, Gregor Samsa, before he undergoes this drastic change. The reader learns that Gregor had been working as something of a traveling salesman since the demise of his father’s company some year before. Gregor became the breadwinner of the family; his mother was too ill with asthma and his sister was too young to work. The character feels obligation to keep his family living in the life that they are accustomed to with a servant and cook, however, there is some disdain that he feels for the life which he leading, â€Å"†¦the plague of traveling: the anxieties of changing trains, the irregular, inferior meals, the ever changing faces, never to be seen again, people with whom one has no chance to be friendly† (Kafka). As Gregor changes first outwardly then inward, his family retreats further and further away. Grete, the younger sister, at first brings her brother food to suit his insect appetite when he can no longer stand to eat normal fresh food. As time progresses, she stops cleaning his room and defending him At the end of the novella, Grete... Free Essays on Metamorphisis Free Essays on Metamorphisis Figurative versus Literal: a Discussion of Metamorphosis Can anyone wake up one morning, and like Kafka’s character Gregor Samsa, turn into an insect? Not without upsetting several natural laws of nature. Great literature, being defined as works that have withstood the test of time, is fraught with allegories and subtle implications, which are meant to provoke thought in the reader. In Kafka’s Metamorphosis, the reader watches a transformation of the main character from a man into a cockroach and his family’s reaction to it. The meaning, however, stretches beyond just the scientific impossibility of a human transforming into an insect and envelopes a criticism of societal views of the workingman and his view of himself. Franz Kafka’s Metamorphosis is a classic tale embodying the existentialist condition. The reader is only given a mere glimpse into the life of the main character, Gregor Samsa, before he undergoes this drastic change. The reader learns that Gregor had been working as something of a traveling salesman since the demise of his father’s company some year before. Gregor became the breadwinner of the family; his mother was too ill with asthma and his sister was too young to work. The character feels obligation to keep his family living in the life that they are accustomed to with a servant and cook, however, there is some disdain that he feels for the life which he leading, â€Å"†¦the plague of traveling: the anxieties of changing trains, the irregular, inferior meals, the ever changing faces, never to be seen again, people with whom one has no chance to be friendly† (Kafka). As Gregor changes first outwardly then inward, his family retreats further and further away. Grete, the younger sister, at first brings her brother food to suit his insect appetite when he can no longer stand to eat normal fresh food. As time progresses, she stops cleaning his room and defending him At the end of the novella, Grete...

Juvenile Justice System in the USA Essay Example | Topics and Well Written Essays - 2750 words - 1

Juvenile Justice System in the USA - Essay Example This will help in developing best methods of dealing with the resistance process and in creating screening tools for a good decision and for risk management. Â  The main purpose is to evaluate the best rehabilitation and therapeutic methods that we can employ to help the juvenile criminals successfully rejoin the society without repeating the criminal acts. The rehabilitation program put in place in conjunction with therapeutic methods will address the main cause of juveniles indulging in criminal activities. This will involve management of drug and substance abuse regarding the minor in question, giving jobs to the juvenile criminal, providing housing for those with no family to house them, and training them to acquire necessary skills that will enable them to get jobs. In addition to these, the juvenile criminal has presented a chance to interact with peers and family members. Â  This study will examine minors in disorderly behavior over a period of three years with cases in court. The study will involve a sample of 1,119 male lawbreakers who are minors. We will use a growth mixture model and create five groups whose characteristics as age, rebellious history, origin, felonious father, substance use, psychosocial development, and culture. The persistent group is 8.7% while the desisted group is 14.6% of the sample. Some characteristics of rebellious acts will be assessed from the report of many offenders; this means that the groups of offers who desist and those who continue need further concern on what factors really lead to this. During the study, the juvenile criminals will be placed into groups and a set of characteristics on each studied.