People accused of
violent crimes should not be allowed to post bail and remain out of jail while
their trial is pending. There are many
reasons to why I strongly agree with this statement. Many factors are unknown to the public
without conducting some sort of extensive research. Whether it is simply reading in the paper
about pending trials, or as complicated as researching previous trials. Bail is decided by a judge, and their lives
are devoted to handling these types of decisions. There are three solid reasons to why I feel
it is necessary to deny bail to those accused of violent crimes. One is that all conditions for release are
decided by a judge who is fully aware of the circumstances. Another is that these defendants, since being
arrested, should be considered a threat to public safety. My last, and final, reason is that my
rationale strongly agrees with denial of bail to the accused.
In Nebraska, as written in the Statutes of
Nebraska, bail is granted after a judge takes into account the nature and
circumstances of the offense charged.
This judge looks at the defendants family ties, employment, financial
resources, character and mentality, having resided in the community, conviction
records, and record of court appearances or of flight to avoid prosecution or
failure to appear. A judge, when
deciding if bail is to be granted, does not just flip a coin to decide. He or she looks at all aspects of the situation. It all rests in the judge's hands. When a judge looks at a person accused of a
violent crime, such as murder, a few things are liable to pop into
perspective. One would be to how violent
and detrimental the accusations are. Any
rational thinking person would realize that if arrested, they are in
suspicion. Therefore, a state appointed
judge is also going to realize that this person must be a threat, especially if
accused of a violent crime. It does not
violate the accused rights, because once under arrest, their rights are strictly
defined as what the judge's final decision is.
This leads me to my next point, that these
accused people are a threat. The purpose
of bail, as defined by the Nebraska Statute, is to ensure that the defendant
will show at the trial. I researched a
case where this was strongly considered. Brian Mase is accused of shooting and killing
John Boyer, after Boyer refused to leave Mase's home. They were in a fight over a stolen
watch. Friends and relatives gave
evidence that Mase had premeditated the murder by making numerous phone calls
to Boyer and various threats outside of Mase's home. The judge denied bail for reasons that I
completely agree with. Since the
prosecution had evidence that Mase planned to kill Boyer if he ever came to his
home, the judge felt there was a risk involved with Mase staying in the county
if granted bail. They suspected that
Mase might flee after he learns what type of case the prosecution has against
him. The defendant's attorney argued
that Mase had nowhere to run, and many relatives. The judges decision in this case did not
follow all of the rules show above.
However, the one factor of threat overshadowed all of the rest. Even though Mase had strong family ties and
nowhere to go to, even the slightest suspicion that he might flee was
enough. I agree with the decision to
deny bail. I cannot think of anyone who would want a man
accused of killing someone over a watch being able to roam free on bail while
their trial is in progress. This, in my
own opinion, is a perfect example of how judges look at the circumstances of
the case.
My final argument to why bail should be denied
is solely based on my own personal analysis.
Bail, in my opinion, is a privilege.
If I had my own way, bail would only be used in misdemeanor
offenses. If a person is accused of a violent
crime there is evidently some inclination for the arrest. These accused people are not just randomly
drawn out of a hat, they have had warrants out for their arrest. As many know, warrants have to be approved by
a judge, the same judge who will decide if they are able to post bail. There was enough evidence, circumstantial or
solid, for the arrest to be made for these violent crimes, and so there is
enough evidence to deny bail to these accused individuals. It is inhumane for someone accused of a
violent crime to be able to roam around free when their trial is pending. Once they are arrested, they should lose
their bid for freedom until the verdict is in.
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