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Criminal Procedure Chapter 10
Terms in this set (5)
Gerstein v. Pugh (420 U.S. 103 )
Supreme Court held that the Fourth Amendment requires a so-called probable cause hearing either before or promptly after arrest.
Stack v. Boyle (342 U.S. 1 )
Court rules that as part of the bail determination, the judge should consider the nature and circumstances of the offense charged, the weight of the evidence against the accused, and the financial ability of the defendant to give bail and the character of the defendant.
United States v. Salerno (481 U.S. 739 )
Court concluded that a federal preventative detention statute that provided for counsel, evidence presentation, and cross-examination was acceptable.
Schall v. Martin (467 U.S. 253 )
Court decided that punishment only exists when the government's intent is to punish and the Eighth Amendment does not apply when punishment is not the intent but rather the protection of the community from a dangerous individual.
Schilb v. Kuebel
Court decided that a criminal defendant who was not released on his or her own recognizance could either deposit 10 percent of the amount of set bail with the court, 10 percent of which would be forfeited to the court as bail bonds costs, or pay the full amount of bail, all of which would be refunded if the accused showed up at court.
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