Constitutional Case Law Relating to Denial of Bail or Preventive Detention in Selected States

• NCJ Number: 80911
• Author(s): K Morgan
• Date Published: 1980
• Length: 7 pages
• Corporate Author: Wisconsin Legislative Council
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: Information memorandum 80-4

Annotation

This information memorandum is a summary of cases from four States (Arizona, Louisiana, New York, and Texas) related to the validity of the States' constitutional provisions on bail.

Abstract

In the case of Arizona v. Garrett (1972), the State challenged a judge's authority to admit a defendant to bail, whose latest offense was committed out on bail for two previous offenses. The 1968 case of McCarroll v. Faust involved the constitutionality of a Louisiana indictment for murder without bail. Bellamy v. Judges of the Criminal Court (1973) was a New York class action instituted on behalf of people detained while facing criminal charges. In Texas, Stanley B. Miles appealed an order denying bail in a habeas corpus proceeding, having been charged with two separate felony offenses. Arguments and counterarguments brought forth in each case are briefly summarized, as is the final ruling on the constitutionality of the respective State's provisions for bail. Five endnotes are given. The opinion of Judge Douglas in Ex Parte Stanley B. Miles at the Court of Criminal Appeals of Texas is appended.