1-Holding the position of a judge comes up with much decision-making and consideration in relation to whether to allow someone bail or not who has been charged with a crime. Judges also have to make sure that the decisions they are making are ethically right and also in the best interest of the accused individual. The 8th Amendment ultimately gives us the rules and provisions regarding a person’s right to bail and what should be considered when determining if someone should receive bail or not. According to Howe (2015), the principal issue concerns the evidence to be weighed in determining the bail decision. Is the defendant qualified for individualized consideration of different parts of his character, record, and crime, or can courts render absolute bail decisions dependent on the idea of the charged offense? The subsequent inquiry concerns the idea of the “fit” test between a bail amount and the reason for the bail that courts looking over bail decisions ought to apply. Is the test tough, for example, regardless of whether the bail amount was basic to serve the administration interest, relaxed, or, whether the bail amount was discretionary, or someplace in the middle? Without coming together, the Court could presumably abstain from addressing these inquiries with exactness, since government bail resolutions settle them in manners that give at least as much assurance as the Excessive Bail Clause probably would give (Howe, 2015).

Reference

Howe, S. W. (2015). The implications of incorporating the Eighth Amendment prohibition on excessive bail. Hofstra Law Review, 4, 1037.

2- The Eighth amendment in the Bill of Rights, outlaw’s excessive punishment, to include excessive bail (Howe, 2015). Approximately, on average there are 500,000 people in county jails throughout the U.S. awaiting to appear before a bail judge (Howe, 201). Bail judges are given considerable discretion when establishing bail condition, which ultimately have cause differences in bail sanction within a single jurisdiction (Howe, 2015). The beginning of the process usually starts within 24 to 48 hours from when the defendant was arrested, lasting a few minutes and conducted via videoconference to allow the judge discretion when observing a defendant’s demeanor (Howe, 2015). The judges bases their decision on many factors to include: the nature of the alleged crime they committed, the evidence against the defendant, past criminal history, the safety risk the defendant possess to society, risk of flight which encompasses job status, housing situation, family situation etc. (Howe, 2015). By assessing their decision on these factors, judges can get an overall view of the character of the defendant, which can ensure that the judge makes a rational and logical choice when granting bail sanction. Establishing their decision on the defendant’s character rather than person biases or prejudice, will ensure that the judge actions in an ethical manner when deciding on bail sanctions for defendants.

Reference

Howe, S. W. (2015). The Implications of Incorporating the Eighth Amendment Prohibition on Excessive

Bail. Hofstra Law Review, 43(4), 1037–1083.

3- According to Tracz (2019), prosecutors essentially control criminal prosecution as they are the actors that allow the development of trials as they make the decisions to investigate, permit a plea-bargain, and determine if and when charges will be brought forward. Yet they are restricted by the six amendment, as ever person who have been charged with a crime has the right to a speedy and fair trial. Yet, prosecutorial proceedings are known to be lengthy and time consuming, the concept of a speedy trial is vague wording, as time is subjected from person to person. I do not believe that the original concept that the founding fathers had are being fulfilled by our current judicial process yet delays in a court proceeding are necessary. As this issue revolves around ensuring that justice is brought forth not only for the victims but also for the defendant to ensure that they are justly tried and if so, convicted.

Court personal do have an ethical and legal obligation to ensure that they do not prolong a court trial to ensure that they are do not place undue burden on someone who might be innocent. The ethical and legal obligation of a court actor does not only extend to the criminal defendant but also to the victims involved, as they are having to relive trauma due to the ongoing court proceedings.

References

Tracz, E. T. (2019). Revisiting the Right to a Speedy Trial: Reconciling the Sixth Amendment with Speedy Trial Act. Capital University Law Review, 1, 1.