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View Diary: Georgia justice? $11,000 bail for a white man charged with murder of Hispanic man. (22 comments)

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  •  Bail is only supposed to assure (5+ / 0-)

    that the person returns for trial and isn't a danger to the community in the meantime.  It's not supposed to be based on the seriousness of the offense.  

    The defendant is a senior citizen with no criminal record - a first -year law student could tell you that he's the textbook definition of someone who should be granted low bail.  This isn't uncommon at all.  I understand the frustration, but it really seems like the diarist hasn't done their homework here.

    •  Murder cases almost always remain in custody (1+ / 0-)
      Recommended by:
      a2nite

      So I think you're incorrect on that one.

      That's because, at least in my state, the presumption is that once a grand jury has returned an indictment for murder, that custody is the only appropriate status.  

      Not sure if an indictment or equivalent was returned in Georgia, but it would be extraordinary in my state, or most others so far as I know, if a murder case was pursued with such a low bail.

      You have exactly 10 seconds to change that look of disgusting pity into one of enormous respect!

      by Cartoon Peril on Tue Feb 05, 2013 at 06:28:48 AM PST

      [ Parent ]

      •  Eh, where? (2+ / 0-)
        Recommended by:
        misslegalbeagle, BlackSheep1

        Murder suspects are bailed all the time.  Most just don't have the money to post.

        Just Google "murder bail" for a whole list of news stories involving people making bail on murder charges.

      •  Really? (0+ / 0-)

        That's...not the norm.  At all.  I'm not a Georgia lawyer, so I'm not familiar with your caselaw, but even a quick google shows that the burden of persuasion falls on the state to prove that continued detention is appropriate (it seems to line up with federal law).  I'm not even sure a presumption against bail is constitutional.  

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