|
DELEGATE JAMES (presiding) : Dele-
gate Child.
DELEGATE CHILD: Bail is always a
matter for the determination of the ju-
dicial officer, whoever he may be.
DELEGATE JAMES (presiding) : Dele-
gate Hargrove.
DELEGATE HARGROVE: I think my
question is, is excessive bail not a separate
and distinct question of a violation of a
right, as opposed to the question of setting
bail, period?
In other words, setting a bail or denying
a bail, and the question of excessive bail,
are two different propositions that pertain
to the rights of individuals.
DELEGATE CHILD: I do not think so.
DELEGATE JAMES (presiding) : Dele-
gate Bothe.
DELEGATE BOTHE: Delegate Child,
you have referred several times in your
discussion and in answering questions to
the potential danger of this circumstance,
and you have cited the fact that people
who might go out pending trial and com-
mit additional crimes ought perhaps to be
retained at the discretion of the court.
You are aware, I am sure, that for all
but capital cases in this State right now
a person is entitled to the setting of bail
in some amount.
DELEGATE JAMES (presiding) : Dele-
gate Child.
DELEGATE CHILD: In judgment
cases?
DELEGATE BOTHE: Using your ex-
ample of the individual who has assaulted
someone, and who the court might believe
would commit further dangerous acts if
released on bail.
DELEGATE JAMES (presiding): Dele-
gate Child.
DELEGATE CHILD: You say a person
in capital cases is entitled to bail now?
DELEGATE JAMES (presiding) : Dele-
gate Bothe.
DELEGATE BOTHE: No, in all but
capital cases, you as a judge would have
to set bail in some amount. Is that not
correct?
DELEGATE CHILD: That is right.
DELEGATE JAMES (presiding) : Dele-
gate Bothe.
|
DELEGATE BOTHE: If the man who is
appearing before you happens to be a man
of means, you would have to release him
on bail at some amount, would you not?
DELEGATE JAMES (presiding) : Dele-
gate Child.
DELEGATE CHILD: If it was not a
capital case, I would say so, yes.
DELEGATE JAMES (presiding) : Dele-
gate Bothe.
DELEGATE BOTHE: Is it your belief
that because a man has no money to pay
the professional bondsman to release him,
that he should be held for that reason
alone?
DELEGATE CHILD: No.
DELEGATE JAMES (presiding) : Dele-
gate Bothe.
DELEGATE BOTHE: How then would
you distinguish the two situations, where
you have a dangerous individual who has
funds to pay a bondsman and a dangerous
individual who does not?
DELEGATE JAMES (presiding) : Dele-
gate Child.
DELEGATE CHILD: Well, in either
case, bail would be set. In two like cases
the bail would be set possibly at the same
amount. If one person pays it he could be
released. If the other person could not, he
certainly should not be turned loose. Maybe
the State could never apprehend him, and
maybe it might take several years and
thousands of dollars to apprehend him.
DELEGATE JAMES (presiding): Dele-
gate Bothe.
DELEGATE BOTHE: It is your view,
however, if he is a rich, dangerous man,
he should be released; if he is a poor man
he should be incarcerated?
DELEGATE JAMES (presiding) : Dele-
gate Child.
DELEGATE CHILD: Not at all. The
treatment is the same.
DELEGATE JAMES (presiding) : Dele-
gate Bothe.
DELEGATE BOTHE: You mean both
individuals remain in jail or both go free,
or one does and the other does not?
DELEGATE JAMES (presiding): Dele-
gate Child.
DELEGATE CHILD: One does and the
other does not, because one can furnish the
bail and the other cannot.
|
