Sentenced to prison before trial?

[Torellian]

I told him to look it up.

But nooooooo.

I was going to look it up, but the other members answered my question before I had the chance. BTW, how do you know if my head is pointy?

 

[Torellian]

Murder is only 1 of two crimes I know of off hand that are capital in nature, thereore the bail is high, even for a non capital case.

Though the 8th AM's excessive bail provision is not applicable to the states, all states have thier own bail provisions. If bail can not be made, the person is remanded to custody. Yes, this may seem unfair, but it does not violate Due Process or the 4th AM.

You're right about it not seeming fair. Apparently, a person can be imprisoned (or jailed) without trial based on nothing more than an accusation, as long as the accusation is serious enough.

 

[CSO286]

You're right about it not seeming fair. Apparently, a person can be imprisoned (or jailed) without trial based on nothing more than an accusation, as long as the accusation is serious enough.

Have you heard of a Grand Jury?

http://www.floridabar.org/DIVCOM/PI/RHandbook01.nsf/1119bd38ae090a748525676f0053b606/badd5b4fce22d788852569cb004cc254?OpenDocument

(You, actually, could benefit from a little more "Law and Order".)


ETA: From that website--

The Grand Jury
By Gregg D. Thomas and Carol Jean LoCicero

Updated May 2008

Both the Florida and federal judicial systems employ grand juries. Because those systems are similar, the Florida grand jury system will be discussed first. At the conclusion of this chapter, the Florida statewide grand jury and the differences present in the federal grand jury system will be noted.

Traditionally, grand juries served as a shield between unjust prosecution by the state and the individual. Grand juries serve dual functions. The grand jury's primary role is to determine whether sufficient evidence exists to justify indicting an accused individual.
1 To make such determinations, a grand jury also serves as an investigating body with subpoena powers.

2 In Florida, a grand jury indictment is required only to try a person for a capital offense; i.e., one where the death penalty may be given.

3 Otherwise, the state attorney has concurrent authority to file a formal accusation of the commission of a crime (an "information").

4 The information is used routinely to charge individuals in Florida. In addition to capital cases, grand juries often are utilized for controversial cases such as those involving alleged wrongdoing by public officials.

 

[Torellian]

Have you heard of a Grand Jury?

Reporter's Handbook - The Grand Jury

(You, actually, could benefit from a little more "Law and Order".)


ETA: From that website--

That makes sense.

 

[Silverplum]

I was going to look it up, but the other members answered my question before I had the chance.

I have two remarks to that:
1. Sure.
and
2. That's because no one except ME cares about whether or not you LEARN.

BTW, how do you know if my head is pointy?

Self-evident.

 

[Torellian]

I have two remarks to that:
1. Sure.
and
2. That's because no one except ME cares about whether or not you LEARN.


Self-evident.

Hahahaha!

 

[Silverplum]

hahahaha! :d

:d


......

 

[justalayman]

she sat in custody because she could not meet the bail. At one time she was released on bail but the person who put up the bail had it revoked and she went back into custody. I believe her bond was a half million dollars. That typically would require a $50k purchase price and nobody else wanted to put up the money so she sat in jail waiting.

It's funny to note that while she was out on bail, she was arrested for additional crimes. They were not associated with the Caylee situation though.

 

[CdwJava]

I did ask a question. As quoted from my OP, "A person is innocent unless proven guilty, right? So why was she in prison for the 3 years while the whole legal process took place?

A person can be held in custody pending the outcome of trial. The law requires that in most cases reasonable bail must be offered. Apparently, if she was in custody the whole time, she was unable to raise the necessary bail.

You don't really think that people arrested for serious crimes are just allowed to walk free willy nilly, do you?

 

[Silverplum]

A person can be held in custody pending the outcome of trial. The law requires that in most cases reasonable bail must be offered. Apparently, if she was in custody the whole time, she was unable to raise the necessary bail.

You don't really think that people arrested for serious crimes are just allowed to walk free willy nilly, do you?

BAIL!!!

 

[Torellian]

A person can be held in custody pending the outcome of trial. The law requires that in most cases reasonable bail must be offered. Apparently, if she was in custody the whole time, she was unable to raise the necessary bail.

You don't really think that people arrested for serious crimes are just allowed to walk free willy nilly, do you?

What I DO expect is for those who enforce the law to actually respect peoples' rights under it as well. The respect for peoples' rights under the law seem to play second fiddle to punishing people under it. That seemed to me to be the case here.

 

[Zigner]

What I DO expect is for those who enforce the law to actually respect peoples' rights under it as well. The respect for peoples' rights under the law seem to play second fiddle to punishing people under it. That seemed to me to be the case here.

She served the time for the crimes she was found guilty of.

 

[CdwJava]

What I DO expect is for those who enforce the law to actually respect peoples' rights under it as well. The respect for peoples' rights under the law seem to play second fiddle to punishing people under it. That seemed to me to be the case here.

How?? The law permits people to be held pending trial if bail is not made or permitted. This has always been the case. Sorry if you ever thought otherwise.

 

[Torellian]

She served the time for the crimes she was found guilty of.

.....BEFORE she was found guilty! (or even tried) Understand? Sheesh!

 

[justalayman]

.....BEFORE she was found guilty! (or even tried) Understand? Sheesh!

Ok, would you be happy if she was held in jail prior to the trial since she could not afford to pay the bail imposed and then not given any credit for the time already spent in jail. If that happened, she would end up with a total of 6 or 7 years in jail/prison.


You really are missing the point about holding a person that has been charged with a crime in jail unless bail can be posted. That is why she was in jail, not because she committed a crime.