🚀 go-pugleaf

paradigm@mercury.interpath.net (David Briggman) writes:

>Steve Holzworth (sch@unx.sas.com) wrote:

>: 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

deleted

>Let me see if I get this straight...Arguendo, this hairball did what he's
>accused of doing. You think anybody who commits this type of offense
>cares about whether his parent loses their house? You could argue that

Yes, exactly. He has no priors. This is (apparently) very out of character
for the defendant (if you believe the interviews with friends and associates).
If he's guilty, and given the above, the incident probably qualifies as
a fit of passion, rage, stupidity (pick several), but he is most likely
not now in the same frame of mind. He very likely does not wish to further
complicate his life, or his parents' lives, by fleeing. Most people still
have a fairly developed sense of responsibility (I hear choking noises around
the Triangle), even if that isn't often apparent.

If he's innocent, the physical evidence in the case will almost certainly
prove his innocence. Thus, he would have no reason to flee. The fact that
he *hasn't* been sprung yet implies that his blood type and minor factors
probably matched the physical evidence, thus requiring the more exacting
and time consuming DNA test.

A counter example would be someone with a history of criminal or violent
behavior.  That would tend to indicate that this person doesn't follow the
norms of behavior, so the personal/familial disincentive of your parents
losing their house, etc., would be less of a factor in the defendant's
decision to flee or not. Bail would be less likely in this case.

>In certain instances it's also demonstrative of the court's intent to
>attempt to maintain a safe community.

Usually not. If the DA can argue successfully that the defendant represents
a serious threat of harm to members of the community, the courts can easily
deny bail. I still argue that the size of the bail is set as disincentive to
flee. I have no comment on the amount of bail set for particular types of
cases or classes of defendant. In this particular case, the DA apparently
argued that the defendant posed *some* threat, although not egregious, thus
the imposition of house arrest as a condition of bail.

> 
>: 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. 

>Sorry Steve, I don't agree with you on this point.

Differences of opinion are what make things interesting. Thanks for
keeping it civil.
--
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.