Please Help me About my Assignment ARTICLE 3 SECTION 13.
1 Please Help me About my Assignment ARTICLE 3 SECTION 13. on Thu Jan 05, 2012 3:48 pm
2 Re: Please Help me About my Assignment ARTICLE 3 SECTION 13. on Mon Mar 26, 2012 12:55 pm
Who are entitled to bail:
1) All persons ACTUALLY DETAINED
2) shall, BEFORE CONVICTION
3) Be entitled to bail.
Who are not entitled to bail:
1) Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH, when evidence of guilt is strong
2) Persons CONVICTED by the trial court. Bail is only discretionary pending appeal.
3) Persons who are members of the AFP facing a court martial.
Other rights in relation to bail.
1) The right to bail shall NOT be impaired even when the privilege of the writ of habeas corpus is suspended.
2) Excessive bail shall not be required.
Factors considered in setting the amount of bail:
1) Ability to post bail
2) Nature of the offense
3) Penalty imposed by law
4) Character and reputation of the accused
5) Health of the accused
6) Strength of the evidence
7) Probability of appearing at the trial
Forfeiture of previous bail bonds
9) Whether accused was a fugitive from justice when arrested
10) If accused is under bond in other cases
Implicit limitations on the right to bail:
1. The person claiming the right must be in actual detention or custody of the law.
2. The constitutional right is available only in criminal cases, not, e.g. in deportation proceedings.
1. Right to bail is not available in the military.
2. Apart from bail, a person may attain provisional liberty through recognizance, which is an obligation of record entered into before a court guaranteeing the appearance of the accused for trial. It is in the nature of a contract between the surety and the state.
Permissions in this forum:
You cannot reply to topics in this forum