Essay Questions - Criminal Justice (Lesson 9 &10)

Criminal Justice

CRIMINAL JUSTICE

Criminal Justice Procedures (Name (School (Course (Professor

Abstract

In the criminal justice process , there are instances that justice is served that will help both plaintiff and defendant in the administration of fair and equitable justice . As the wheels of justice grind out the needed steps in asuring both parties get a fair trial in the event of litigation , safeguards have been put in place to assure that indeed justice is served . Or in some cases , justice is not served ultimately by incarceration , but by facilitating the

speeding up of the process other than a full-blown trial

Bail : Safeguard or just a leash

Bail is imposed upon a defendant to assure that the accused in the crime will appear for the criminal trial upon his release (Hashemi 2003 . Oftentimes , the person /s accused in the commission of the crime goes through booking and then is incarcerated (BailBond , 2008 . When the person is allowed to post a bail bond , that means he or she will stand trial for the crime (BailBond , 2008 . In short , when bail is set , the objective is to compel the defendant to appear for court proceedings on time (Lesson 9

But there are issues in regards to the way it is set and administered (Lesson 9 . Bail bonds , wherein the defendant is made to pay abot 10 to 20 percent of the amount set for bail , might be erronously construed as a penalty just for getting arrested (Lesson 9 . But others reason that the purpose of setting bail is not meant for punishing the individual nor should be used as a source of generating revenue by the State (Chesapeake . Many other issues are raised in the granting of bail . One is the issue of levying excessive amounts for the bail (Lesson 9

The United States Supreme Court currently interprets the high bail clause of the Constitution as written in the Eighth Amendment as applying to relative bail , not on the issue of absolute bail (Lesson 9 According to the Courts ' ruling , high bail is only a fact if the amount set for the case is more than the bail set for those committing the same crime (Lesson 9 . The Court also left it to the discretion of judges not to grant bail outright , and defendants can land in jail just for purely economic reasons that they cannot afford the amount set by the court (Lesson 9 . In this light , the Court seems to have erred in ruling for not granting bail to individuals accused of crimes . To be sure , the protection of the community at large remains the top priority in granting bail (Rynerson , 2007

And the right to avail of bail is enshrined in the Constitution (Ryenerson , 2007 . This right is governed by many Federal and state regulations as to ensure that dangerous criminals are not allowed to avail of bail (Rynerson , 2007 . But if judges are to apply and abuse their discretion in not granting bail , people will lose their jobs homes...