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McAnally's (The Community Pub) => Author Craft => Topic started by: LizW65 on April 22, 2009, 09:57:57 PM
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Okay, has anyone here ever known of an instance in which an individual arrested for murder was NOT held without bail, but released on bail within 24 hours of being arrested?
If so, what circumstances contributed to his/her being released?
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Okay, has anyone here ever known of an instance in which an individual arrested for murder was NOT held without bail, but released on bail within 24 hours of being arrested?
If so, what circumstances contributed to his/her being released?
I don't think Phil Spector or O.J. Simpson spent much time behind bars initially before getting out on bail, but I don't recall how long it was before they had a bond gearing.
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I'll call my son in Law II. Maybe he'd know.
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There are guidelines,
Federal Courts are discretionary, or he thinks so. "Federal Rule of Criminal Procedure in Federal Courts." Lays out the guidelines for bail etc. It is perfectly plausable that someone could be released given guidelines. Generally murder is a state crime, so you'd have to go to the state you're using for details.
Factors include things like threat to community, flight risk, seriousness of the crime which part of the risk to the community...
But it's more than likely a state crime and those guidelines may or may not be online. If it's FBI or somethng like that, its Federal. Google "Federal Criminal Procedure Bail Guidelines" and you should find it. *He thinks is 8. something (he didn't want to put that because he wasn't positive and you might spend hours looking for it.)* It's not easy to understand when you read it.
He suggested to go online to the State's Code and at the end is list of various court proceedures. (IA's criminals codes are in the back of the State's Code) If that doesn't work go onto State Supreme Court of whatever state you are in and there will be a search section, enter "rules of criminal procedure".
Good luck!!! Go for it!
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meg_evonne: thanks for the tip! I'll check it out this weekend as soon as I have the time to spend. Chances are, the guidelines will have changed since 1947 (my time period) but it should still be helpful. I actually have a book of the NY penal code for 1936 that is chock full of useful information but bypasses that particular detail.
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Okay, has anyone here ever known of an instance in which an individual arrested for murder was NOT held without bail, but released on bail within 24 hours of being arrested?
If so, what circumstances contributed to his/her being released?
In what country ?
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In what country ?
The US, specifically New York City in 1947.
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Another thought: would a hefty bribe in the right pocket do the trick?
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on a murder trial? Nope, traffic ticket in NY--maybe, Chicago for sure as long you made the check out to a politician.
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Basically, bail is set (or not) by examining the ties the accused has to the community, their economic circumstances and the nature of the crime.
So, consider the following examples:
A -- 30 year resident, owns home, multiple family members, middle class back ground, some kind of accidental death (i.e. manslaughter) -- low/no bail;
B -- Travelling salesmen, knows no one in the community, no money, Murder II -- reasonably high bail because of flight risk
C -- World travelling billionaire with known ties to non-extradition treaty country -- super high bail, maybe remanded until trial (particularly if extremely henious, violent Murder I)
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Thanks for the input. Basically, the situation is as follows:
-Victim is wealthy, retired, and has many influential friends. Cops are under a lot of pressure to solve crime quickly.
-Suspect is middle-class private investigator with limited financial resources, a few friends in the police and courts, and a very good lawyer who is also a close friend.
-He has no criminal record and is not a flight risk.
-He had a brief affair with the victim's wife.
-The murder weapon was found in his office.
-He has a temper which occasionally becomes violent.
Some hours after suspect's arrest, medical examiner determines that murder was probably committed by individual of much different physical type (time period is late 1940's, so no DNA or complex forensics to deal with.) Whaddya think? Let him out, or lock him up and throw away the key?
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sure let him out, then they would have him tailed and bug his phone and send MS Duck in a slinky dress to 'interrogate' him. :-) Hey it's the 40s! war time....
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In the 1940s, in New York City, before there were such things as Miranda Warnings, it's likely he would be interrogated with the aid of fists, rubber hose beatings, and sleep deprivation, unless his lawyer could get a judge to sign a writ of habeus corpus before he got a confession forced out of him.
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Thanks -- lots to think about here. ;D
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A person with a few friends on the force or in the Courts isn't going to be interrogated with fists.