Reaction Paper for CJ - Aaron Bourey December 9 2007...

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1 Aaron Bourey December 9, 2007 Professor Mockry Reaction Position Paper Bail.. Good? Bad? Or Ugly? Bail is a controversial issue in our law system today and for that matter always will be. Bail is defined as a cash bond or some other security provided given to the court to ensure that the defendant appears in trial. The purpose of bail is to release the accused from custody for the time being, of the crime they’ve been charged with. These are the type of things that bail are supposed to be. However, there are many problems as well as good things that we have about the bail system that I would like to address. First, I’d like to talk about how bail is determined. Bail is usually determined at a hearing that occurs shortly after a person is taken in to custody. At this hearing, before a bail amount is set there will be some discussion about the type of crime, risk of flight, dangerousness of the defendant to the community, and any other outside circumstances. It is my own belief that this is where the bail system is really flawed. I believe that there are judges out there for whatever reason that have pre conceived ideas and thoughts about the accused and the type of crime they committed. Thus, they set their bail at outrageous amounts knowing full well that they probably
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