Chapter 11 & 12 Coursework Example | Topics and Well Written Essays - 500 words

Chapter 11 & 12 - Coursework Example In my opinion, allowing the judges the discretion of setting bail, helps them in dealing with the conflicting reality associated with reason for setting bail; whether bail is used to ensure that a defendant appears in court for trial or for the purpose of protecting the society (Neubauer and Fradella 261). This is a dilemma that faces judges in their day-to-day administration of bail. This law may be seen to violate a defendant’s constitutional right to bail; however, it should be noted that, it considers the rights of the society at large. It would politically infeasible to free all violent crime offenders on bail knowing very well that they may commit violent crimes again; similarly, jailing all those accused of violent offenses might not be feasible since jails are not enough to accommodate them. This law, therefore, not only protects the society, ensures that defendants’ rights to bail is not infringed, identifies the dilemma judges face and thus equips them with th e power to balance these competing demands-protecting the society, and protecting defendants constitutional rights. It should be noted that, constitutional rights such as the right to bail, are only meaningful when they do not infringe on the rights of others. Additionally, according to the Eighth Amendment Right, there is no absolute provision for the right of bail to all citizens irrespective of crime and logistical nightmares, as such to protect the citizens’ right to bail, despite the judge’s discretion; it grants that bail must not be excessive. Q#2 FIU police receive an anonymous tip that a white male, wearing an orange Miami Hurricanes jersey and blue jeans is standing in the breezeway of the Green Library. The anonymous 911 caller states the subject is concealing a handgun in his waistband. The subject is observed acting in a casual manner and nothing about his appearance or actions indicate