In the Philippines and other developing countries, the right to bail can sometimes embolden criminals to commit more crimes. The law requires that the right to bail is denied if the crime needs capital punishment and if the evidence is weak even if it is a capital offense. The rest of the crimes are bailable. Snatchers, hold-uppers, thieves, etc. can often escape prison terms if they can post bail which can encourage some of them to commit more crimes. Don't you think it's about time to revise the criminal code and deny bail to repeat criminal offenders to minimize crime in society?
Thanks a lot Kirk for the recommendation and for agreeing that the criminal code on this regard must amended. In the Philippines, the right to bail has been used by corrupt public officials, thieves, robbers,violators of anti-bouncing check and anti-swindling laws as shield for their criminal activities. It has been a source of loopholes in criminal prosecution. Cheers!
You might be interested in this article ... https://www.citylab.com/equity/2017/10/new-orleanss-great-bail-reform-experiment/543396/
Try the US Constitution. Setting bail is often abused, by the Courts and by subjects and their defense attorney, but it was originally designed to best insure that a subject would appear in Court at future sessions.
Thanks Robert for your answer. You're correct, the right to bail is sometimes abused and become a shield for veteran criminals to commit further crimes. The original intention of the law is noble but its application can be difficult and has negative unintended effects. Sometimes rich and veteran criminals use legality and presumption of innocence to persist in their criminal acts.Thanks also Stacey for sharing a link. Cheers and best regards to all!!
You’re very welcome, Vivencio. The purpose of bail in the US is actually two-fold: (1) to ensure the subject’s appearance in court and other proceedings relative to the charges/allegations and (2) public safety. Public safety concerns are what allow bail to be denied in certain circumstances ie when public safety outweighs the person’s individual rights. Bail can also have other conditions such as restrictions on movement etc. Bail is.not meant to be punitive, though.
Thanks, Stacey, for sharing your insight. You're probably correct, given the more efficient judicial system in the US. But in the developing countries like the Philippines where corruption in court is notable, the right to bail is often abused by veteran criminals. For instance, the law against illegal recruitment and estafa is often disregarded by shrewd criminals since they can pay the bail and can bribe some judges. Best wishes!
In any third world country bail should be revoked just because of corruption. However, the same happens here except bail enforcement officers go after them. I cannot dictate on other countries but I was a bondsman here in the states with a five man crew to go after bail skips. I even put restrictions on their movements and had them check in every day while under my bond. Hope this helps.
Thanks a lot, John, for sharing your insight and experience as a bondman. Corruption often plays a crucial factor why bail is abused but some veteran criminals to circumvent the law and escape prosecution. I think legal code itself on bail must be amended. It must be denied to recidivists to protect public order. Cheers and regards to all!
- Badges
- Science topic