1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

any discretion in whether or not as a matter of public i
interest the person should be at that time granted the
right of bail.
This amendment attempts to take the two points
of view and bring them together; first of all to raise
to constitutional dignity the right of a person not to
be incarcerated. There was ancillary discussion on
whether or not this was a constitutional or statutory
matter. There were people advocating the right was already
inherent; the people suggesting we maintain the constitu-
tional dignity and some maintained it was not inherent.
The argument then based itself, however, primarily on a
deeper issue and that is the unwarranted incarceration
versus the question of the protection of the public.
This amendment simply takes what the Committee
Report said, that there would be a constitutional right to
bail, except in the capital cases, and that there could be
no interference with this, with this one exception, that
if public peace wou„d require otherwise. Public peace is
a 'll defineo nc, 1I understood legal concept, x 'i-i,
to the Committee of the Whole's attention several citatis