before they are found guilty by a jury of their peers
2007-09-10 05:37:51 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Depending on the crime and the evidence of guilt, a person may be held on pre-trial status as long as it takes. Most citizens are offered bail, but that is also set based on seriousness of the crime the evidence of guilt, and likelihood the person will flee if given the opportunity.
I still think about OJ and Scott Peterson...locked up...like they deserved...until the trial was completed.
2007-09-10 05:45:16 · answer #1 · answered by Yahoo Answer Angel 6 · 1⤊ 0⤋
You need to read the patriot act. It allows the government to use whatever means to arrest and detain anyone under the guise of terrorism. Any person can claim probable cause under this provision. Since Sept. 11th, many changes went into effect that relate to "Probable Cause", making any citizen vulnerable to arrest just on the premiss that something has been done. How do you defend against it? Start taking an active stand on politics, and let your congress know you do not support the ghestapo tactics brought on by this administration. You can make a difference, if the government even let's us know what they are doing to us, that is.
2007-09-10 05:56:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The same way they get away with holding people they know for a fact are innocent. There is little if any punishment for them. The DA in the Duke LaCrosse players was given 1 day in jail for contempt of court. I, personally, feel he should be executed for contempt of society. And for Mr. Policeman, we all know that the most corrupt individuals in society are found in the PD. There is absolutely no way that we believe that cops don't charge people with crimes just for sh#ts & giggles. What's the popular term? "You may survive the trip, but you won't survive the ride" ? That's a direct quote from a cop on TV. You kids think it's funny, but just wait till it bites you in the a#s. Now that'll be funny!! BTW, ever seen one of your peers on a jury? Doesn't happen!!!
2007-09-10 06:19:32 · answer #3 · answered by pappyld04 4 · 0⤊ 0⤋
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Based upon "probable cause" the accused may be arrested with a warrant of arrest and incarcerated pending the posting of bond in accordance with the 8th Amendment.
It's all in the Bill of Rights in your US Constitution!
2007-09-10 05:50:34 · answer #4 · answered by KC V ™ 7 · 0⤊ 0⤋
A judge reviews the evidence with the defendants lawyer present and decides if there is enough evidence to hold the defendant for trial; and than sets bail.
2007-09-10 05:43:26 · answer #5 · answered by Blue T T 6 · 1⤊ 0⤋
B/c then all the guilty people wouldnt show up to trial...Hence they get detained and have to post bail which they get back after they show up for trial...if they miss trial they lose the bail money.
2007-09-10 05:46:10 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I would rather have a possible risk to the public, could be a loved one of yours, locked up than on the streets.
2007-09-10 05:45:14 · answer #7 · answered by Tony A 6 · 0⤊ 0⤋
By creating an exception that allows for it. For example, President Bush's definition of "enemy combatant" allows for suspension of habeas corpus (thanks to the Military Commissions Act of 2006).
The legality is irrelevant, its what people can get away with.
2007-09-10 05:43:22 · answer #8 · answered by blindcuriosity 2 · 1⤊ 0⤋
To ensure they show up for trial, and to keep the rest of the community safe from them (for more serious crimes).
2007-09-10 05:41:21 · answer #9 · answered by Anonymous · 3⤊ 0⤋
i think it's called probable cause but i don't agree with it at all. they seem to be corrupt and abuse this a lot from what I am reading. i think it's time some laws changed and government was accountable.
2007-09-10 05:41:45 · answer #10 · answered by Mildred S 6 · 2⤊ 2⤋