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.