Legislation Relating to Revising the Constitutional Right to BailWisconsin Legislative Council, 1980 - 14 páginas |
Palavras e frases frequentes
adequately protect members amending appearance at trial applied Assembly Joint Resolution assure appearance authorize courts available conditions BACKGROUND Committee members COMMITTEE ON CONSTITUTIONAL Committee's community from serious conditions of release consider considerations CONSTITUTIONAL BAIL REVISION constitutional provision courts to deny dated DAVID denial of bail deny pre-trial release deny release directed draft eliminates enacted excessive bail February February 20 Federal harm or prevent held high-bail system intimidation of witnesses introduction issues judge language is proposed Legislative Council Legislature limited period Madison March meeting MICHAEL Milwaukee numerous offenses OFFICERS person charged pre-trial detention prepared prepared by Staff presented prevent intimidation prior to trial proposed revision recommended regarding RELATING TO REVISING REPRESENTATIVES RIGHT right-to-bail provision Secretary self-executing Senator serious harm serious physical harm set bail Special Committee specific Staff standards and limitations sub rosa Supreme Court United States Constitution West Allis Wisconsin Constitution WLCS
Passagens conhecidas
Página 5 - ... be held to answer for a criminal offense without due process of law, and no person for the same offense may be put twice in jeopardy of punishment, nor may be compelled in any criminal case to be a witness against himself or herself. (2) All persons, before conviction, shall be eligible for release under reasonable conditions designed to assure their appearance in court, protect members of the community from serious bodily harm or prevent the intimidation of witnesses.
Página 5 - ... serious bodily harm to another. The legislature may authorize by law, but may not require, circuit courts to continue to deny release to those accused persons for an additional period not to exceed 60 days following the hearing required under this subsection, if there is a requirement that there be a finding by the court based on clear and convincing evidence presented at a hearing that the accused committed the felony and a requirement that there be a finding by the court that available conditions...
Página 2 - I, s. 8, of the State Constitution, relating to denial of bail, for a limited period, to accused persons in exceptional felony cases.
Página 3 - ... harm to another. The legislature may authorize by law, but may not require, circuit courts to continue to deny release to those accused persons for an additional period not to exceed 60 days following the hearing required under this subsection, if there is a requirement that there be a finding by the court based on clear and convincing evidence presented at a hearing that the accused committed the felony and a requirement that there be a finding by the court that available conditions of release...
Página 6 - ... Jan. 3/Nov. 1, 1979; Sept. 5, 1979. Vol. 1. Prepared under the direction of Vel Phillips, secretary of state. Madison. 753 p. 76-649842 LEGISLATIVE COUNCIL. Madison. Information memorandum. - 9714 80-1. State constitutional provisions on pre-trial release, by Ron Sklansky. 1980. 4, 2 p. - 971580-2. Proscription against excessive bail: the 8th Amendment to the United States Constitution, by Shaun Haas.