Author Question: Explain the constitutional right to bail. Identify three constitutional rights that the bail system ... (Read 99 times)

mwit1967 · **on:** Aug 12, 2018

Explain the constitutional right to bail. Identify three constitutional rights that the bail system denies to poor defendants, and explain how each is denied.

What will be an ideal response?

Question 2

That thieves select German cars indicates that auto theft is rational because:

a. parts on Germans cars are not etched with identifying codes.
b. German cars usually have high-quality audio equipment.
c. German cars can be cheaply shipped to Europe where they are in high demand.
d. VIN (vehicle identification numbers) codes are not as easily traced as VIN codes on American autos.

amandanbreshears · **Reply #1 on:** Aug 12, 2018

Answer to Question 1

There is no absolute constitutional right to bail, only a right against excessive bail. SCOTUS has ruled that amounts more than necessary to ensure defendants come to court for their trials are considered excessive. Thus judges and magistrates try to calculate the amount of money it would take to guarantee that defendants will appear for their trials.

The bail system denies poor defendants due process of law, equal protection of the law, and the right against excessive bail. Due process of law is denied to poor defendants, because they can't help with their own defense while they are locked up. Equal protection of the law is denied to poor defendants, because they are jailed as a result of being poor. Finally, the right against excessive bail is denied to poor defendants, because they can't raise any amount that might be required.

Answer to Question 2

B