Introduction As a saying goes “Let a hundred guilty be acquitted, but one innocent should not be convicted”. In this saying underlies the concept that the innocent should not be punished at any cost under any circumstances. The concept of bail to some extent goes in achieving this philosophy of protecting the innocent at any cost. Our legal system is based on the principle of presumption of innocence till proved otherwise. The bail system in a way acts as a means to protect the liberty of the accused who is innocent. Justice Krishna Iyer V.R. has beautifully expounded the philosophy of bail in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, 1977, 1978 AIR 429, 1978 SCR (2) 371 as “The issue of "Bail or Jail"-at the pretrial …show more content…
In the case of Rasik Lal v Kishore (2009) 4 SCC 446 the Supreme Court has held that “what has to be ascertained by the officer or the court is as to whether the person accused is alleged to have committed bailable offences and if the same is found to be in affirmative, the officer or the court has no other alternative but to release such person on bail if he is ready and willing to abide by reasonable conditions, which may be imposed on …show more content…
According to a study, around 67 percent of undertrials lodged in jails without bail for very long years. The reason for non granting of bail to these undertrials is non furnishing of personal bond because they are too poor to pay such small amounts also. Recently in an order Supreme Court has held that “We find there are a large number of prisoners who are continuing in custody only because of their poverty. This is certainly not in the spirit of the law and poverty cannot be a ground for incarcerating a person.” To overcome this problem of undertrials the section 436A was introduced in the Criminal Procedure Code in 2005. The section 436A reads as “Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties”.
Someone, suspected of a crime, is arrested by police. Later on, the suspect goes to court to face their charges. A classic episode of Law & Order. But, where do these suspects go in between the two events. They are held in their local jail of course. While people are familiar with the arrest and courtroom scenes from TV, many are unfamiliar with the jail scene, which becomes home to the suspects who cannot make bail until a court rules a verdict for their case.
Bail is often left to the judge’s discretion and depending on the seriousness of the offense, the judge can act accordingly to the bail sentence, whether it may be a money bond or a mere promise to appear in court. The judge also has the authority to deny a defendant’s bail if deemed a danger to society. I personally believe the preventive detention act is important, especially in cases of high risk witness to testify against the defendant. U.S. v. Salerno is an intriguing case involving the captain of the Genovese crime family. Charges against Mr. Salerno demonstrated several accounts of racketeering and also alleged murder. Given such a high risk target, the courts rule to confine Mr. Salerno was important to protect
Conclusion: Congress hoped to achieve a greater degree of accuracy in assessing flight and danger of arrestees through establishing the Bail Reform Act of 1984, which set objective guidelines for judicial officers in assessing release conditions including taking into account for the first time the probability an offender will re-offend while on pretrial release. It was also hoped that the Act would bring back the community's trust in bond setting practice. Overall, the benefits of the Bail Reform Act of 1984 do exceed any detriments, but some problems do exist. These problems include the uniformity in the application of the Bail Reform Act of 1984, as well as the interpretation of dangerousness to the community. Through future legislative and executive reform, this Act will go through multiple changes until these issues are addressed.
Prison litigation is a form of lawsuit process with which prisoners seek relief from prison. The Prison litigation Reform Act clearly outlines an increase in the litigation of prison cases that was enacted in 1996. Through such litigations, inmates are able to fight for their rights and fair treatment in prison. For instance among the prison ligations, we have prospective relieve where one can file a lawsuit to request the prison to change some of their policies to let one for example pray amongst groups. Exhaustion of remedies for administration also allows for one to articulate grievances against the prison official before suing them. Emotional or mental injuries are among other issues of prison litigation addressed in this prison litigation
Society, the community, perhaps the largest single factor regarding the decision of bail. An application for bail is essentially a theoretical evaluation between the interests of an individual and a public association. The inculpated on one side are entitled to their own liberty and presumption of innocent until proven guilty, and society on the other side expects to be protected and safe. Practically an evaluation of bail should be determined on the presumption of innocenc...
Roger is at the Sage County Jail after being arrested the previous night for a minor offense. This has become a problem throughout the past Roger has been several times before. Roger has a past history of involving involuntary commitment on mental health issues. He told the jail staff that he commits crime to get sent to jail for a warm place to sleep, for a meal, and to get his meds. He is homeless and has no medical insurance or regular health care provider. Roger occasionally gets into fights with other jail inmates, has threatened suicide, and yells at the custody staff. Because of the minor nature of the crime, Roger will likely be released in 24 hours. Rogers meds are very expensive for the jail officials it costs the jail $200 per day to house Roger. So
This type of legislation has been devised to allow for the detention of people based upon assessments of risk of re-offending, this essay will explore the concerns with these practices. This essay further aims to explore the moral and practical implications of such sentencing provisions and the impact it has on the whole Justice System. The writer will also address the conflicting goals of Corrections and the purpose and impact of indefinite sentencing while exploring the justifications against such legislation. This essay also aims to show that even though we may feel disgust for these types of offences we must remember the fundamentals of the Criminal Law system and understand that people are entitled to equality and fairness in the eyes of the law.
The purpose of bail is to guarantee the presence of the defendant, when his or her presence is required in court, whether before or after conviction. Bail is not a way of punishing a defendant, nor is supposed to there be a suggestion of proceeds to the government. Bail is use as a way of guarantee that the defendant will not become a fly risk or a fugitive.
In order for one to understand the criminal justice system, it is important to study both the criminal law of one’s own country as well as surrounding countries. By engaging in comparative criminal justice studies, one can expand this knowledge through the discovery of similarities and differences in the structure of criminal justice agencies of various nations or states. There are a multitude of factors which could contribute to the differences in each nation’s criminal justice system. By studying the ways in which other countries operate their criminal justice system, it may be possible to learn ways in which we could better our own system. In order to do this, we can study the ways in which various court systems operate around the world. In doing so, we will examine countries with both a different and similar judicial system to ours and discover the differences in how each operates. In furtherance of understanding the criminal justice system, we will
Today, across the world there are over nine million people held in penal institutions. The way in which these individuals have been prosecuted has varied greatly from country to country. Some were sentenced by lay people, military officials or professional lawyers, others were judged at public adversarial trials or through torture a confession was made. The diversity among the criminal justice procedures across the world is vast. Legal Historian Professor John H. Langbein has written extensively about the history of civil and criminal procedure and in particular the adversary system, which is the defining feature of the criminal justice system in England and countries which are founded on the English common law. Professor Langbein
Although prison systems are intense and the experience is one of a kind for sure, it does little to help them as statistics show “two-in-five inmates nationwide return to jail within three years of release”(Ascharya, K). The population of people entering the prison systems nationwide is increasing exponentially. Often times, it is due to the living conditions in which they return to, such as facing the same poverty, limited prospects and minimal network connections, that make them turn to crime to survive. For obvious reasons, income is the solution to many of their problems, which can only be obtained with their “by any means necessary” mindset. Prison has almost become a second home for recurring inmates and in some cases has reached a point where it is no longer intimidating....
All the laws, which concern with the administration of justice in cases where an individual has been accused of a crime, always begin with the initial investigation of the crime and end either with imposition of punishment or with the unconditional release of the person. Most of the time it is the duty of the members of constituted authorities to inflict the punishment. Thus it can be said that almost all of the punishments are an act of self-defense and an act of defending the community against different types of offences. According to Professor Hart “the ultimate justification of any punishment is not that it is deterrent but that it is the emphatic denunciation by the community of a crime” (Hart P.65). Whenever the punishments are inflicted having rationale and humane factor in mind and not motivated by our punitive passions and pleasures then it can be justified otherwise it is nothing but a brutal act of terrorism. Prison System: It has often been argued that the criminals and convicted prisoners are being set free while the law-abiding citizens are starving. Some people are strongly opposed the present prison and parole system and said that prisoners are not given any chance for parole. Prisons must provide the following results: Keep dangerous criminals off the street Create a deterrent for creating a crime The deterrent for creating a crime can be justified in the following four types Retribution: according to this type, the goal of prison is to give people, who commit a crime, what they deserved Deterrence: in this type of justification, the goal of punishment is to prevent certain type of conduct Reform: reform type describes that crime is a disease and so the goal of punishment is to heal people Incapacitation: the...
From 1992 to 2006, bail has rise from twenty-five and four hundred dollar to fifty-five and five hundred dollar (Reese). “The idea that somebody goes and sits in Rikers Island (jail in New York City) and endures all of the hardship of that simply because they don’t have $500 or $1,000 is truly offensive and serves no public purpose,” said Jamie Fellner of Human Rights Watch (Reese). Intending to gain monetary or Profit motive of offender that cannot afford cash bail post is an unfair advantage. Laws that put a cap on bails and fees a bondsperson can collect. This law will prevent bail from being unaffordable and the jails be full of people who are stuck in jail because they cannot post cash bail or afford a bondsperson. Bondsperson should accept bonds that are less than a thousand dollar but include other collateral with the fee, such as titles to car, home, or property, that will be refunded once they show up for all court
When a person violates a criminal law, society’s traditions generally demand that society should take some action against the person: an arrest should be made. In order for a police officer to make a lawful arrest he must have probable cause to justify the detention of a suspect. An arrest generally involves a person being taken into custody, where the person is not allowed to leave freely. Afterward, the accuser is taken to a local jail facility where the person is booked (Aberle, 2014).
consideration" . And this very definition of bailment was used by the Supreme Court of India in the case of Gujarat v. Menon Mohammad .