Post by Logan on Jun 15, 2016 21:45:11 GMT -6
PHOENIX — State laws denying bail to accused sex offenders are unconstitutional, the Arizona Court of Appeals ruled Tuesday.
In a split opinion, the majority said it may very well be appropriate to keep individuals who are charged with having sexual contact with minors behind bars until trial.
But Judge Peter Swann said simply being charged with a crime — even if there is evidence of the person’s guilt — is legally insufficient. He said a judge can deny bail only if prosecutors can also show that no conditions of release can be imposed to ensure protection of others.
In fact, Swann suggested that even Arizona laws absolutely prohibiting bail for those accused of capital offenses may be similarly illegal. But the court did not go quite that far in Tuesday’s decision, leaving that question for another day.
Read more: www.trivalleycentral.com/casa_grande_dispatch/arizona_news/state-can-t-deny-bail-to-sex-offenders/article_52b376d6-330f-11e6-b758-2f55e7bbad57.html
I certainly do not want to condone sex offenders since there is always the presumption of innocence until proven guilty. Unfortunately there are also occasions when false allegations are made in retaliation of other disagreements. Unless there is reasonable cause that the accused also presents a flight risk they are also due their day in court.
In a split opinion, the majority said it may very well be appropriate to keep individuals who are charged with having sexual contact with minors behind bars until trial.
But Judge Peter Swann said simply being charged with a crime — even if there is evidence of the person’s guilt — is legally insufficient. He said a judge can deny bail only if prosecutors can also show that no conditions of release can be imposed to ensure protection of others.
In fact, Swann suggested that even Arizona laws absolutely prohibiting bail for those accused of capital offenses may be similarly illegal. But the court did not go quite that far in Tuesday’s decision, leaving that question for another day.
Read more: www.trivalleycentral.com/casa_grande_dispatch/arizona_news/state-can-t-deny-bail-to-sex-offenders/article_52b376d6-330f-11e6-b758-2f55e7bbad57.html
I certainly do not want to condone sex offenders since there is always the presumption of innocence until proven guilty. Unfortunately there are also occasions when false allegations are made in retaliation of other disagreements. Unless there is reasonable cause that the accused also presents a flight risk they are also due their day in court.