Pre-Arrest Bail Case Study

On April 7,2018, I was assigned the duties as Field Training Deputy. At approximately 0420, Arrestee Hedman, Roy (#1749220) was refusing to follow any orders given to him by Deputies when he entered the Intake Area. While in Holding Cell B116, Arrestee Hedman attempted to kick Deputy Holliday twice. I took control of Arrestee Hedman's legs to prevent him from kicking any staff members. While attempting to remove Arrestee Hedman's pants, Inmate Hedman attempted to stand up twice on the bench. Inmate Hedman refused to comply with any commands being given to him. I then took control of Arrestee Hedman's right leg and assisted him to the floor. I then took control again of both of Arrestee Hedman's legs. I removed Arrestee Hedman's pants, underwear,

Facts: Defendants were arrested after being charged. They were charged in a 29 count indictment alleging various RICO violations. These included mail and wire fraud offenses, extortion, and criminal gambling violations. At Ds arraignment, government moved to have them detained based on the Bail Reform Act of 1984. The government moved on the grounds that no condition of release would keep the safety of the public.Government made a detailed progger of evidence. This was based mostly on conversations intercepted by court ordered wiretap that found the two Ds had been part of wide-ranging conspiracies. Salerno opposed the motion and challenged the credibility of it and the government’s witness. D offered testimonies of many witnesses and a letter

In Kansas City, Missouri, city officials are responsible for overseeing several aspects of the city’s administration. This includes collecting taxes, budgeting, infrastructure maintenance, jail supervision, among others. The Jackson County Jail is housed in Kansas City, and the Kansas City council is partially responsible for the funding and operation of the jail, as it houses city statute violators. The correctional staff is made up of members of the Jackson County Sheriff’s Office, so are outside the scope of the city’s supervision. Since the jail is housed in the city of Kansas City, the city legislature is responsible primarily for the operations of the jail.

When the court issues an arrest warrant because the defendant failed to appear before the court, the defendant can ask for their bail bond reinstated, if the communicates early with the court.

A bail bondsman is a person who pledges money on behalf of an individual facing legal charges as a guarantee they’ll appear in a court of law. By signing a contract with a bonding company, an individual is able to get out of jail until their appearance before a judge. Even if a person can pay their own bail, it can be advantageous to use a bail bond agent because they will reduce the cost to a fraction of the original posting.

When a family member or close friend goes to jail, the remaining loved ones will want to help with the bail bonds process. Unfortunately, most people don't have a lot of experience with the process so it can be overwhelming, confusing and a touch frightening for all parties involved.

Feminist’s point of views are often ignored or not recognized enough. Many times the factor of being female, is not taken into account when dealing with criminal behaviors and incidents. Luckily because of multiple feminist movements, there as been a shift in society. People are starting to realize, and if they haven’t they will soon, that criminological studies looked at through a feminist lens creates a whole new outlook and a better understanding when it comes to certain offenses. In the novel, Arrested Justice: Black Women, Violence, and America’s Prison Nation, Beth E. Richie documents stories of African American women and their unjust treatment.

The pre-trial powers which the state are provided with lie with the police force. They are empowered with the authority to arrest, interrogate and detain suspects. If the police see a person and suspect the are someone who is committing a known crime then, under s.13(1) of the Criminal Procedure (Scotland) Act 1995, they can either ask for an

The Canadian Criminal Court system uses bail, plea bargaining and legal aid as way to improve prison overcrowding, faster process of cases and equality of all participants. Bail is the temporary release of someone charged with a crime when waiting his/her trials. It is mostly granted to the accused who do not have a criminal record. The defendant is released on the condition that they will not contact the victim nor their family. Furthermore, they must show up to their court date. In Canada, we hold up to the “Proven until guilty” statement, which is basically receiving bail. This is one of the many reason that Canada does not have overflowing jails. We would not have the space to put everyone awaiting trial to be placed in prisons. Similarly, plea bargaining not only lets us evade cramped jail cells but also keeps courts from be overcrowded.

In my opinion, the United States in the case of Bailey was not in the wrong to detain Polo aka Chunon Bailey while searching his apartment. I believe the officers did everything in their power to make sure they had valid evidence before requesting a search warrant for Polo's apartment and good reasoning to detain him at the crime scene. In Michigan v. Summers the court allowed the officers, who were conducting the search, to detain the tenant while the search is being done. Consequently, the court did not state when the detainment should occur, so using the Fourth Amendment as a model for reasonableness, the court of appeals decided that officers could detain a tenant who leaves the vicinity, considering that the detainment happened in a timely

The next step in the system is initial appearance. Here they are given formal notice of the charges against them and advised of their rights.(Bohm & Haley, 2008, p. 13) The movie included this in their depiction of the criminal justice system. In the movie they called it the arraignment. The arraignment is where the defendant either pleads guilty or not guilty. During this stage the bail is also set which was also done in the movie. In the movie the set the preliminary hearing for the next morning in which the witnesses testified to what they saw and heard. This allows the judge to decide if there is probable cause to make and indictment. Based upon the information we have learned it seems that the arraignment should have happened after the preliminary hearing and that the

The United States Pretrial Services is a Federal Judicial System. This system provides more information about defendants in a small timely matter, to assist the court in making release and detention decisions. The Federal Bail Reform Act of 1966 was primarily focused in making this decision fairer and rational on the release of defendants on the least and restrictive conditions that would assure the defendants appearance at trial when required. The Bail Reform Act eliminates the courts reliance on money as the sole purposed of pretrial release. The release and detention must be base sole based in nonappearance or danger risk. Therefore, the United States Pretrial Services as intended by Congress, provides judicial officers with verified and

If the prosecution can provide sufficient reasoning of why bail cannot be granted, the assumption of bail can be revoked.

It’s at this time a bail application may be considered. Bail in the criminal justice system is also heavily influenced by discretion. First and foremost, discretion allows the assessment of a defendant’s suitability for bail on a case-by-case basis. R v William Edward Hamilton (2013), for example, where the suspect was granted bail on the account he had no record of previous contact with the law and was granted bail on the judge’s belief that he did not present a threat to community welfare. The use of discretion is also important in preventing individuals having to undergo arbitrary detention, such as the case of BDU v The State of Western Australia (2011); due to the six-month waiting period for the suspects trial, the judge deemed it to be a breach of the suspects rights to remain in remand for this period time as it wasn’t deemed likely for him to commit any offences during this

The next step is to determine if bail should be granted to the individual or if the individual should be placed in pretrial detention. The question of bail may be present in situations such as an arraignment or preliminary hearing. If the judge chooses to place the individual under bail, then several factors must first be considered, including what the bail will be. When determining what to set the defendant's bail at the judge may be limited by the excessive bail provision that is stated within a state’s law or the constitution (Ingram, 2009). That being said, the law also states that certain crimes are not eligible for bail. Some states include a list of offenses in which they believe the individual who committed them, should not be allowed to have a bail issued. One interesting fact that I found was that once a bail has been set the defendant may pay the bail with cash or other things of monetary value. Of course, money is almost always required, but at times other things may be accepted. For example, stocks and bonds or real estate holdings within a court’s jurisdiction are accepted as a monetary