TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 1 P49

Gale Encyclopedia of American Law Volume 1 P49 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 468 BAIL delay or postponement in the proceeding which is not attributable to the accused usually constitutes a ground for bail in some jurisdictions by absolute right more frequently at the discretion of the court. In jurisdictions in which it is neither proscribed nor regarded as an absolute right the grant of bail pending a motion for a new trial a review or an appeal is also discretionary. The grant of bail is then determined in light of the probability of reversal the nature of the crime the likelihood of the defendant s escape and the character of the defendant. The decision to grant or deny bail is reviewable but the scope of the review is limited to whether the court abused its discretion in its determination. The amount of bail set is within the discretion of the court. Once fixed it should not be modified except for good cause. An increase cannot be authorized when the arrest warrant specifies the amount of the bail. An application for a change in bail is presented to the court by a motion based on an affidavit a voluntary written statement of facts confirmed by the oath of the person making it. The affidavit must be taken before a person authorized to administer such an oath and must contain the facts justifying the change. The eighth amendment to the Constitution and the provisions of most state constitutions prohibit excessive bail meaning bail in an amount greater than that necessary to ensure the defendant s appearance at trial. The Bail Reform Act of 1984 helped to set guidelines allowing courts to consider the danger a defendant might present if released on bail. This response to the problem of crimes committed by individuals who had been released on bail marked a significant departure from earlier philosophies surrounding bail. Bail laws took on a new importance they would ensure the appearance of the defendant in proceedings and they would see to the safety of the community into which the defendant was released. Pursuant to the 1984 act if the .

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