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be reasonable in relation to the average
situation where such a similar crime was
involved ?
DELEGATE JAMES (presiding): Dele-
gate Child.
DELEGATE CHILD: I think you have
stated it very, very well.
DELEGATE JAMES (presiding): Any
further questions for the purpose of clarifi-
cation?
If there are no further questions, do you
have the amendment, Judge Child?
DELEGATE CHILD: This is Amendment
A.
DELEGATE JAMES (presiding) :
Amendment A. Please distribute Amend-
ment A.
As soon as the amendment has been dis-
tributed I will ask the Clerk to read the
amendment.
For what purpose does Delegate Winslow
rise?
DELEGATE WINSLOW: A point of per-
sonal privilege, Mr. Chairman.
DELEGATE JAMES (presiding): Will
you state personal privilege?
DELEGATE WINSLOW: Yes, sir.
May I announce, sir, that in the gallery
over the rostrum are seventy-one students
from the Ridgely Junior High School, Balti-
more County, together with their teachers,
Mrs. Johnson, Miss Knachel, Mr. Parker,
and Mr. Emerick.
I hope the Committee will join me in
making them feel welcome.
DELEGATE JAMES (presiding): We are
very happy to welcome this fine group.
(Applause.)
The Chair recognizes Delegate Child.
DELEGATE CHILD: For the record, my
grandson, Godfrey Byrd Child, is with the
bunch.
DELEGATE JAMES (presiding): We are
glad to have him with us.
This will be Amendment No. 12. The
Clerk will read the amendment.
READING CLERK: Amendment No. 12
to Minority Report R&P-1(A), by Delegates
Child, Beachley, Burgess, Dabrowski, Groh,
Hardwicke, Hostetter, Price, Weidemeyer:
On page 3, section 5 Rights of Accused, in
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line 3 strike out the following: "(A)";
and strike out all of lines 14 through 19,
inclusive.
DELEGATE JAMES (presiding): Judge
Child, do you wish to amplify your presenta-
tion?
DELEGATE CHILD: How much control-
led time do we have, Mr. Chairman ?
DELEGATE JAMES (presiding): The
controlled time is fifteen minutes. You have
fifteen minutes of controlled time.
DELEGATE CHILD: I have said about
all I want to say. I will allot three minutes
of our controlled time to a U.S. Commis-
sioner who is a member of our Committee,
Delegate Burgess.
DELEGATE JAMES (presiding): Dele-
gate Burgess.
DELEGATE BURGESS: Ladies and gen-
tlemen, I am aware of the peculiar set of
circumstances in this situation. I was the
co-sponsor of a proposal to accomplish
much of what is set out in section 5, sub-
paragraph B.
However, I must admit that Judge Child
converted me. Frankly, my work, as the
judge mentioned, entails working with the
Bail Reform Act of 1966, which is of course
in the federal system.
The Bail Reform Act of '66 was enacted
by Congress under constitutional provisions
very similar to that appearing in section
S-A. The Bail Reform Act of 1966, although
a federal instrument, is considered to be a
model in this area.
There are various criteria set down for
the release of individuals charged with
crimes. The Bail Reform Act of 1966 recog-
nizes that somebody has got to make a value
judgment, somebody has got to consider
this individual appearing before them. They
have got to consider the background data,
or lack thereof, in trying to make the de-
termination as to whether or not it is rea-
sonable to conclude that this individual
would be present for such basic things as
preliminary examination.
Now, basically the initial contact with a
judicial officer is for the purpose of setting
bond, and determining whether or not this
person should in fact be held long.
At this time, the judicial officer has to
make several judgments, number one, in
determining whether or not it appears that
there has been some crime committed; and
secondly, whether or not it is reasonable
to conclude that this person may have
committed that crime.
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