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Article #1475

Re: Duke Forest Rapist = House Arrest?

#1475
From: Steve Holzworth
Date: Thu, 21 Sep 1995 00:00
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mrg@acpub.duke.edu (Michael R. Gustafson II) writes:

deleted

>is done.  Although it may have to...  If a bail is set at $1 million, the 
>judicial intent is most likely to hold the person and NOT to make the 
>bondsfolk rich.  Some accused may however be able to put up that much 

I disagree. High bail is meant to give a great disincentive to you fleeing
because mom and dad will LOSE the house they put up if you do, etc. It
may sometimes be used as a de facto excuse to keep you locked up, due
to an inordinate, unpostable bail, but the bail system is intended
as a disincentive for flight, not as a fee to get out of jail in the meantime.

>money, thereby making the bond economically unfair.  If a rich guy and 
>a poor guy go in on a crime and one can afford the bail and one cannot, 
>where is the justice in that?  There are just too many questions, so I 
>suppose we should not be surprised when something like the $8000 bond 
>for a murder case comes out.  Angry, confused maybe, but not surprised.

Something people seem to be missing in this discussion of bail is that
if the bailee skips, the full amount of the bail is due the courts.
This means your parents' house gets foreclosed if you flee, or the 
bailbondsman loses big chunks of cash. This also means that bailbondsmen 
usually have VERY efficient bounty hunters in their employ so they don't 
end up forfeiting their high-dollar bond. Thus, the incentive to not skip 
is that you and/or whomever posted your bail will be out a significant sum, 
or a very nasty bunch of motivated people (who don't have to follow police 
search and seizure and conduct laws) will be coming after your butt.

Cases with high bonds reflect the court's desire to have you show up.
Social standing in the community becomes a factor because people with
lots of immobile assets, and lots of roots in the community (jobs, relatives,
businesses, etc.) have inherently less desire to flee. 
--
Steve Holzworth
sch@unx.sas.com                    "Do not attribute to poor spelling
SAS Institute   x6872               That which is actually poor typing..."
SAS/Macintosh Development Team                            - me
Cary, N.C.
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From: sch@unx.sas.com (Steve Holzworth)
Subject: Re: Duke Forest Rapist = House Arrest?
Date: 1995/09/21
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