RHODE ISLAND CRIMINAL DEFENSE A Practice Manual – Primary Purpose of Bail

RHODE ISLAND CRIMINAL DEFENSE
A Practice Manual, 4th Edition
© John E. MacDonald

BAIL GUIDELINES, HEARINGS AND REVOCATION

Primary Purpose of Bail

State v. Abbott, 322 A.2d 33, 35 (R.I. 1974). “The primary purpose of bail, be it of the pretrial or the post conviction variety, is to assure a defendant’s appearance in court at the appointed time.”

Mello v. Superior Court, 370 A.2d 1262, 1267 (R.I. 1977) (Dorris, J. dissenting). “The right to bail is a cornerstone of our criminal justice system…The practice of admission to bail as it has evolved in Anglo-American law, 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.” Citing Stack v. Boyle, 72 S. Ct. 1, 5 (1951) (concurring opinion).

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