To my friends in Florida, and all who also have friends there: Please spread this information far and wide in support of Marissa Alexander. Lets build a groundswell of public support for the cause of justice: Legal principles and rulings, posted by Arkansas attorney Ken David Swindle: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. U.S. Const., Am. 8. Keeping a Defendant in jail on an excessive bail may handicap the Defendant “in consulting counsel, searching for evidence and witnesses, and preparing a defense.” Stack v. Boyle, 342 U.S. 1 (1951). The practice of bail “is not a device for keeping persons in jail upon mere accusation until it is found convenient to give them a trial. On the contrary, the spirit of the procedure is to enable them to stay out of jail until a trial has found them guilty.” Stack v. Boyle, 342 U.S. 1 (1951). No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 14th Am. (in part). The 8th Am. and USSC cases interpreting it would be part of the guaranteed Due Process of the 14th Am. So, my question is why is this person (who is now PRESUMED INNOCENT) held without bail? What is the flight risk? None or extremely low. What is the risk to the community based upon her history prior to this incident (to which she is PRESUMED INNOCENT)? None. No criminal history. On the contrary, she has led an exemplary life.
Posted on: Thu, 14 Nov 2013 18:09:19 +0000
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