NCJ Number
5111
Journal
Hastings Law Journal Volume: 28 Issue: 2 Dated: (FEBRUARY 1972) Pages: 697-709
Date Published
1972
Length
13 pages
Annotation
CALIFORNIA APPELLATE COURT DECISION HELD THAT A PROVISION IN THE PENAL CODE REQUIRING A PENALTY DEPOSIT FOR BAIL WAS UNCONSTITUTIONALLY EXCESSIVE BAIL.
Abstract
THE SECTION UNDER ATTACK WAS ONE WHICH REQUIRED THE DEFENDANT TO DEPOSIT AN ADDITIONAL FIVE DOLLARS FOR EVERY TWENTY DOLLARS OF BAIL PRESCRIBED BY THE JUDGE FOR HIS RELEASE. THE COURT OF APPEALS REASONED THAT SINCE THE ONLY LEGITIMATE PURPOSE OF BAIL IN A CRIMINAL CASE IS TO INSURE THE APPEARANCE OF THE ACCUSED IN COURT, AND SINCE THE PENAL CODE PROVIDES THE CRITERIA FOR SETTING REASONABLE BAIL, THE SECTION OF THE CODE REQUIRING THE PENALTY DEPOSIT IMPOSED AN EXCESSIVE AMOUNT FOR THE RELEASE OF THE DEFENDANT.