Isabella Carter
The Missouri Constitution guarantees bail in most cases, with some exceptions. Bail is a monetary sum imposed by a judge to ensure a defendant returns for their trial. In Missouri, bail is typically reserved for individuals who pose a flight risk or are a danger to society. However, bail can be denied for capital offenses or if the defendant is deemed a danger to the community or a flight risk. Judges have discretion in bail decisions, considering factors like the defendant's history, nature, and severity of the offense. The bail amount must be reasonable and not excessive, ensuring the defendant's appearance at trial and community safety. Missouri has seen bail reform efforts, balancing constitutional rights with community safety and flight risks. Understanding bail and bond processes is crucial for defendants and their right to release pending trial.
| Characteristics | Values |
|---|---|
| Offense type | Capital offenses, such as murder |
| Proof | Evidence must be provided to establish proof |
| Defendant's history | History of violence or missing court dates |
| Nature of the offense | Threat to the victim |
| Risk of flight | High risk of not returning for the trial |
| Defendant's ability to pay | Bail must not be excessive |
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What You'll Learn
Capital offences
The Missouri Constitution provides for the right to bail in all state cases except capital offences, where the proof is evident or the presumption of guilt is great. This means that if there is sufficient evidence or reason to believe that the accused has committed a capital offence, they may be denied bail.
The Eighth Amendment to the U.S. Constitution also requires that bail not be excessive. The bail amount must be set in accordance with the crime and cannot be used to raise money for the government or as a punishment to keep someone in jail. It is solely to ensure the defendant's appearance at their court date and to protect the community.
In Missouri, some jails have preset, non-negotiable bail schedules for common crimes. Otherwise, the bail amount is decided by a judge or court officer. The judge may consider factors such as current employment, local residency, community ties, and previous criminal history when setting the bail amount.
It is important to note that the mere charge of a capital offence does not justify a refusal of bail. Evidence must be presented to establish that the proof is evident or the presumption of guilt is significant.
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Defendants who pose a flight risk
Bail is a foundational right under the United States Constitution and can only be denied in select circumstances. The Missouri Constitution states that all persons are bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great.
Factors that may indicate a defendant is a flight risk include a history of missing court dates, foreign ties, significant financial resources, and the seriousness of the charges against them. For example, defendants facing more serious charges may have increased incentives to flee due to heavier penalties. Additionally, a history of deceptive or misleading conduct and strong evidence of guilt can increase the likelihood of a defendant being considered a flight risk.
In Missouri, if a defendant poses a flight risk, the judge may deny bail altogether or impose restrictions such as GPS monitoring, house arrest, drug treatment, or avoiding certain people and places. These conditions must be followed exactly, or the defendant risks having their bail revoked. While these measures may seem extreme, judges aim to balance the need for the defendant's appearance in court with the presumption of innocence and the right to remain free until proven guilty.
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Defendants who pose a threat to the victim
In Missouri, bail is guaranteed by the state's constitution, except for capital offenses, when the proof is evident or the presumption great. However, bail can be denied if the defendant poses a danger to the victim, witness, or community. This could be reflected in the crime they are charged with, such as a high-profile murder case, or if the defendant has a history of violence or threatening behaviour.
Missouri law defines a domestic victim as any family or household member. Domestic assault crimes are divided into four degrees, with first-degree being the most serious. Offenders commit domestic assault in the fourth degree when they recklessly or negligently cause physical injury, pain, illness, or fear of injury. Domestic violence includes threats, assaults, and other acts of abuse against a family or household member.
If a defendant is deemed to pose a threat to the victim, the judge may deny bail. Judges can also impose release conditions such as no-contact orders, removing the defendant from the victim's home, and prohibiting the defendant from possessing a firearm.
Crime victims in Missouri are protected from harm, including witness tampering and intimidation. They are eligible to receive up to $25,000 for out-of-pocket expenses, and families can receive up to $5,000 for funeral expenses. Victims have the right to be notified of proceedings, including hearings, sentencing, and plea agreements, and can request to be informed if the offender is released from custody. They can also present a Victim Impact Statement before sentencing and object to plea arrangements and sentences.
While the right to bail is foundational in the United States Constitution, it can be denied in certain circumstances, such as when the defendant poses a threat to the victim or community.
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Defendants who are a danger to the community
In the state of Missouri, bail is a foundational right that can only be denied in select circumstances. Bail can be denied if the defendant poses a flight risk or is deemed a danger to the community.
Defendants who are considered a danger to the community may be denied bail. This determination can be reflected in the crime with which they are charged—for example, a high-profile murder case. The defendant's history of violence may also be considered. The Missouri Constitution states that bail may be denied for capital offenses when the proof is evident or the presumption great.
The Eighth Amendment to the U.S. Constitution requires that bail not be excessive. In other words, the bail amount must be set in accordance with the crime and cannot be used as a means to raise money for the government. Bail cannot be used as a punishment to keep someone in jail or for any other purpose than to ensure the defendant's future appearance in court or to protect the community.
During pretrial release decisions, judges may consider defendants' dangerousness. This includes the severity of the charged offense, the defendant's criminal history, and the judge's discretion.
In determining a defendant's eligibility for pretrial release, judicial officers must consider factors listed in Section 3142(g). These include the nature and circumstances of the offense, the defendant's character and physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, history of drug or alcohol abuse, criminal history, and record of court appearances.
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Defendants charged with murder
In Missouri, bail is guaranteed by the state's constitution, except in capital murder cases where there is clear evidence or a strong presumption of guilt. The Missouri Constitution's Bill of Rights, Article I, Sections 20 and 21, outline this provision.
In the case of a capital murder charge, the prosecution must present evidence to establish that the proof is evident or the presumption of guilt is significant. This provision ensures that the mere accusation of a capital offense does not warrant the denial of bail.
However, bail can be denied for defendants charged with murder if they pose a danger to the community or a flight risk. A history of violence or a high-profile murder case could reflect this danger. Additionally, a history of missing court dates and failing to appear can result in bail denial, as judges aim to keep cases moving forward.
Judges have the authority to set bail amounts and impose restrictions, such as GPS monitoring, house arrest, drug treatment, or avoiding specific individuals and locations. These conditions must be strictly adhered to, or bail may be revoked.
The Eighth Amendment to the U.S. Constitution also prohibits excessive bail, ensuring it aligns with the severity of the crime and is not used as a means of raising funds for the government or punishing the accused. While bail is a foundational right, it can be denied in specific circumstances, as seen in Missouri's provisions for capital murder cases and community safety considerations.
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Frequently asked questions
Bail is not guaranteed in Missouri when the defendant is a danger to the community or poses a flight risk.
A defendant may be considered a danger to the community based on the crime they are charged with, such as a high-profile murder case, or if they have a history of violence.
A defendant is considered a flight risk if they have a history of missing court dates and failing to appear when ordered.
