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classification of crimes that would be like
the motor vehicle violations, where a per-
son would be entitled, if he were a resident
of the State of Maryland, to be summoned
and not be arrested and put in jail.
I think an example of this is non-support
cases, with which we have had a lot of dif-
ficulty, where they go get a man off of the
job because his wife swore out a warrant
for nonsupport Friday afternoon and they
carry him clown and lock him up over the
weekend.
DELEGATE JAMES (presiding). What
is the question, Delegate Fox.
DELEGATE FOX: Under the language
that would remain in the constitution, ex-
cessive bail should not be required. What
would the effect of that be with regard to
trying to establish a classification of of-
fenses for which a man would automatically
be entitled to release, such as motor vehicle
cases?
DELEGATE JAMES (presiding): Dele-
gate Child.
DELEGATE CHILD: My answer to that,
Delegate Fox, is that the constitutional pro-
vision now in the Constitution in reference
to bail gives the legislature ample authority,
and they have already exercised it in 1965,
to grant the judicial officer whenever he
thinks the circumstances warrant it, the
privilege of releasing the man on his own
recognizance, which of course is bail. Since
• it is on his own recognizance that he will
appear, you do not need to pass this lan-
guage.
You have ample language under the pres-
ent constitutional provision, to pass any
1 statute you want, to make any rule you
> want in reference to bail.
DELEGATE JAMES (presiding): Any
further questions?
^ Delegate Bamberger.
t DELEGATE BAMBERGER: I think Dele-
e gate Gill had a question.
DELEGATE JAMES (presiding): Dele-
e gate Gill.
DELEGATE GILL: Delegate Child, I un-
derstood the reasons you gave why you
think this section should be stricken from
r the recommendation, except one. You said
£ it would be dangerous. Would you explain
2- that a little more, please?
il
i- DELEGATE CHILD: I think it takes
ie away the discretion of the judicial officer,
n because the provision says that he shall
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be entitled to release by posting only such
bail or other security as is necessary to
secure his appearance.
Now, there are cases where a person
might be insane or have a long criminal
record of assault and commit a serious as-
sault and still he would say that he wanted
bail, because he is entitled to it under this
section, regardless of whether or not he
might go out that very same night and as-
sault several other people.
A matter of bail, Delegate Gill, wherever
you may place it, is a matter for judicial
determination by a judicial officer. Be that
officer who he may, he acts as a judicial
officer exercising his best discretion.
That discretion should not be hampered
in any way by any constitutional provision.
DELEGATE JAMES (presiding): Dele-
gate Gill.
DELEGATE GILL: Under this section,
this condition would be more dangerous
than the things under the other section that
you say this duplicates.
DELEGATE CHILD: I did not get your
question.
DELEGATE GILL: You say this is pri-
marily duplication. I fail to see how this
would make it more dangerous than the
other section which you say it duplicates.
If this exists in this condition, why would
it not exist in the other sections?
You say this would be duplication, but
still you think it is all right to have it in
the other sections.
DELEGATE JAMES (presiding): Dele-
gate Child.
DELEGATE CHILD: It is a duplication
of everything that we need. It takes away
from a judicial officer that power which in
my opinion he should have.
DELEGATE JAMES (presiding): Dele-
gate Key.
DELEGATE KEY: Judge Child, as I read
this, and not having a legal mind, I am just
looking at the words, and it says "or other
terms as are believed to be necessary to
secure his appearance before the court."
Is it not possible that the terms decided
upon by the judge might be incarceration?
DELEGATE CHILD: Yes.
DELEGATE KEY: So that he would not
be released if the judge decided he would
not appear?
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