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Cards In This Set
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What is the difference btwn bail and bond?
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While they both have the same effect of granting temporary freedom, they are different in regards to the source of the money. A defendant (or his family)pays bail to secure his release. Bonds are bail monies paid by a bail bond company in which the defendant secures a loan with collateral (car or house) and pays a set fee, usually 10% of the bail amount.
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The _____ amendment contains the "no excessive bail" clause which only applies in the __________ system and the Supreme Court hasnt determined wither the right is fundamental. However ________ typically contain a similar bail provision.
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In Duncan v. Louisiana, the court incorporated right to trial by jury in the ______Amendment under the ______th Amendment due process clause.
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After someone is arrested and complaint filed, D appears before judge in a ___________ to decide if will get pretrial release or stay in jail pending trial.
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Bail hearing
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Statute ________________ governs the release or detention of a defendant pending trial.
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18 U.S.C. 3142
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______________ has the burden of proof to show that the defendant should be detained. If the reason is danger to society, then there is a ____________________ evidence standard. If showing that the defendant is a flight risk, the standard is __________________.
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Advantages of pre-trial release on bail:Disadvantages of pre-trial release on bail:
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Bail set higher than an amount reasonably calculated to fulfill the purpose of ______________________ is excessive under ____ Amendment.
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Bail Reform Act of 1984
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Allowed a fed court to detain arrestee pending trial if gov't demonstrates by clear and convincing evidence after an adversary hearing that no release conditions "will reasonably assure the safety of any other person and the community”
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The 4 options for a defendant under 18 U.S.C. 3142 - Release or Detention of a Defendant Pending Trial include:
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If Defendant is considered to either be a flight risk or a danger to his community, then _______________ release or _______________ is warranted.
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Release on personal recognizance or unsecured bond requirements for the defendant:
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Refrain from committing any other crimes while released and a blood dna test
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Conditions for conditional pre-trial release:
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______________ is rare, but applies if person is out on probation/parole or in another state's justice system, has a pending trial, or is an illegal immigrant AND is determined to be a _______ or ___________. It involves a ___ day holding time to give the government time to decide what to do, notify immigration, etc.
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There is a rebuttal presumption for detention listed within the statute, if _____________________. This is rare because this rule is conjunctive.
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The defendant commits a serious federal offense while out on release within the last 5 years
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