NCJ Number
89212
Date Published
1981
Length
23 pages
Annotation
Any change in the bail structure in Arkansas would probably require an amendment to the Arkansas Constitution.
Abstract
The U.S. Constitution prohibits excessive bail, while the Arkansas constitution states that all offenders except those in capital offenses should be bailable and that excessive bail must be avoided. Federal caselaw and Federal statutes create a presumption favoring release of the accused pending trial and imposition of a money bond only after other approaches are considered. Case law in Arkansas has interpreted the State's constitution strictly. Even in capital murder cases, it places the burden on the State to prove that an accused person should be denied bail. The judicial branch of the Arkansas government has, with the legislature's acquiescence, adopted procedural rules effectively governing bail in the State. It is not known whether the State's General Assembly may amend these procedural rules. If legislative change is desired, the General Assembly should propose a constitutional amendment to reflect any desired changes in the State's bail structure. No references are cited. (Author summary modified)