Tuesday, November 19, 2013

Criminal Justice

The 8th Amendment provides that `Excessive liberate shall not be take aim , nor excessive fines imposed , nor cruel and unusual punishments inflicted Upon reading the communicate , it is clear that it does not in any manner dance a guarantee regarding the leaveing of a release to any individualist . It merely provides for the protection of the rights of an impeach against excessive release . The purpose of the framers of the law is to ensure that no person has to suffer turn out for excessive bail and not that it would guarantee the grant of bail regardless of the offense charged . Thus , it can be said that whether the crime is a felony or misdemeanor , the one-eighth Amendment cannot be used as basis to argue that an accuse is entitled to bail on pre-trial .
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The issue as to whether or not to grant bail lies at the discretion of the judge after an examination of the facts and the determination of whether or not at that place is probable cause to believe that the accused is probably blameworthy of the offense charged and there is a possibility of the latter(prenominal) to outflow while at large . These factors should be interpreted reflection of and when bail is granted , such must be conterminous with the offense charged . That is where the guarantee of the Eighth Amendment comes into playThe compulsory hail ruled upon the United States v Salerno case correctly The principle of the case provides that federal courts can deny the grant of bail if...If you want! to get a full essay, modulate it on our website: BestEssayCheap.com

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