Judicial Process Issues the Use-Of-Force Discussion Chapter

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Third, the degree to which the suspect is confronted with apparent evidence of guilt; this means that it is impermissible to confront the suspect with the evidence to suggest that there is no point in refusing to confess. Fourth, whether the suspect is advised and made aware that he or she may freely terminate the conversation and/or request to be represented by legal counsel; this means that the voluntariness element of confessions applies throughout the entire process and not just to the initial agreement to talk to police.

Eighth Amendment Protections against Excessive Bail

The purpose of bail is to guarantee that criminal defendants formally charged with a crime will appear for their court date. Generally, bail is determined according to the level of severity of the crime involved and the degree of risk of flight that the defendant represents.

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Bail is not necessarily always required and is within the discretion of the presiding judge to set bail at an appropriate amount or to release the defendant on his or her own recognizance without any bail. In situations involving very serious crimes, defendants who pose a flight risk, or defendants who might pose a threat to third parties such as potential witnesses, criminal adversaries, or the general public may be denied bail. Generally, "excessive bail" refers to bail set in an amount that is disproportionately high in relation to the ordinary factors (i.e. The seriousness of the crime and risk of flight) without specific justification......

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