AZ: Denying bail to accused sex offenders is unconstitutional

Yesterday, the Arizona Court of Appeals ruled that a blanket rule that denies those accused of sex offenses bail is unconstitutional.

A a flat denial of bail with no opportunity for a defendant to argue he or she can be safely released, becomes punitive and that is not permitted until someone has been proven by clear and convincing evidence that no release conditions will reasonably assure the safety of other persons or the community… and that requires a hearing.

The state indicated it intended to appeal the ruling to their supreme court, but in the interim, a rule that denied bail to accused sex offenders was shot down.

 


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2 thoughts on “AZ: Denying bail to accused sex offenders is unconstitutional

  • June 16, 2016

    It is about time that you and every civil right fighter start suing lawmakers who makes bad laws, on the ground that by making these laws they personally benefit by getting more votes, and therefore extending their employment, salaries perks, etc That my friend is personal benefit. To do public service does not encompass working to deribe personal benefit, while being paid for public service.

    Reply
  • June 16, 2016

    Since the right to bail and a hearing is part of the Constitution denying it to a certain group folks is a no brainer that it is unconstitutional – I mean DUH!!! lol

    Reply

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