What is your opinion as to detaining a person without bail pending trial? Does your answer change if the individual is a violent offender, for example is charged with three separate armed bank robberies, and served time in state prison for rape?

DISCUSSION ESSAY

1. What is your opinion as to detaining a person without bail pending trial? Does your answer change if the individual is a violent offender, for example is charged with three separate armed bank robberies, and served time in state prison for rape?

2. Do you believe that Congress in enacting the Bail Reform Act was wise in promoting that money will not favor violent and dangerous offenders, inasmuch as these can still be detained pending trial?

3. Assume you are a US Magistrate Judge and have before you Mr. Ramon de la Cruz. He is charged with importing five kilos from Mexico to the USA via a Texas border checkpoint. His vehicle is inspected by border agents and these discover the drug in his car trunk. Also, in his glove compartment they discover a semiautomatic Glock pistol, that is charged and ready to fire. Further, while a US citizen, he is carrying a fake passport under the name of Raymond Palmer. He has no prior record. In a one paragraph order discuss the facts and using the Bail Reform Act determine whether to release or detain this individual.

Bail should be with held if threat to public, or fleeing risk.