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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