Comments on: What does “excessive” mean anymore? http://apublicdefender.com/2009/05/10/what-does-excessive-mean-anymore/ Tue, 24 Jan 2012 02:29:56 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Gideon http://apublicdefender.com/2009/05/10/what-does-excessive-mean-anymore/comment-page-1/#comment-48124 Gideon Tue, 12 May 2009 13:15:04 +0000 http://apublicdefender.com/?p=2340#comment-48124 Yeah, I know one is probably not going to get anywhere appealing an excessive bond, because usually clients can either post bond or they can't. And clients that can post bonds in the millions are few and far between. I'd be curious to see if there's a discrepancy in the setting of bond amounts for defendants who hire private attorneys and those who are represented by public defenders. Yeah, I know one is probably not going to get anywhere appealing an excessive bond, because usually clients can either post bond or they can’t. And clients that can post bonds in the millions are few and far between.

I’d be curious to see if there’s a discrepancy in the setting of bond amounts for defendants who hire private attorneys and those who are represented by public defenders.

]]> By: M. Fred http://apublicdefender.com/2009/05/10/what-does-excessive-mean-anymore/comment-page-1/#comment-48118 M. Fred Tue, 12 May 2009 12:29:47 +0000 http://apublicdefender.com/?p=2340#comment-48118 This (huge bonds) has been in vogue for some years now, and became absurd quite awhile ago. I think part of it is as you suggest, for publicity purposes (part of the preposterous "tough on crime" mantra that judges seem to feel the need to constantly repeat and outdo each other on). The bigger reason, though, is to facilitate plea bargaining. Everyone knows it's tougher to "sell a deal" involving incarceration when the defendant is out. The result, of course, is preventive detention, or, put another way, imposing and beginning a sentence prior to a finding of guilt. Either way, judges have de facto amended the Constitution, and have gotten away with it scott free. Try appealing the setting of a ridiculous bond; good luck. This (huge bonds) has been in vogue for some years now, and became absurd quite awhile ago. I think part of it is as you suggest, for publicity purposes (part of the preposterous “tough on crime” mantra that judges seem to feel the need to constantly repeat and outdo each other on). The bigger reason, though, is to facilitate plea bargaining. Everyone knows it’s tougher to “sell a deal” involving incarceration when the defendant is out. The result, of course, is preventive detention, or, put another way, imposing and beginning a sentence prior to a finding of guilt. Either way, judges have de facto amended the Constitution, and have gotten away with it scott free. Try appealing the setting of a ridiculous bond; good luck.

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