Fact Pattern:
1. Thomas Evans, age 18, got drunk at a party July 6th.
2. Evans was clubbed over the head with a beer bottle by Oscar
Hanks, and five stitches were required to close the wound.
Hanks knifed Evans in the leg during a fight one month ago.
3. The next day Evan’s stated, “I’m going to get that guy once
and for all.”
4. Evans asked a friend how to work a shotgun.
5. Evan’s girlfriend drove him to Hanks’ house as he sat in the
back seat. His girlfriend saw Evan’s gun when they drove past
Hank’s house, the car subsequently swerved, and the gun went
off killing Hanks’ neighbor from a distance of 10 feet.
6. Evans is employed as an assistant manager of an auto parts
department. He was an average student in high school and was
suspended once for fighting.
7. Evan’s dad died when he was 5, and he currently lives with
his mom and younger cousin. He makes monthly contributions
to the bills of the household.
Role-Play
• Judge- you may release accused with no
bail, deny him bail and send him to prison
until trial, or set bail between $10,000$1,000,000
• Defense attorney- do your best to get
accused released on no bail or set at a low
amount- make a suggestion
• Prosecuting attorney- do your best to get
accused's bail denied or set very highmake a suggestion
Objective- Consider what is the best
option to ensure people show up for
trial?
Bail = any court appearance when you ask
the judge to release you before trial.
Typically called the Preliminary Hearing, the
judge uses the standard of prima facie (at
first glance of the evidence)
Financial Bond Options:
1. Fully secured bail- full amount is posted
2. Privately secured bail- defendant usually
pays 10%, responsible for the rest
3. Deposit bail- defendant usually pays
10%, rest by bondsman
4. Unsecured bail- defendant pays no
money but is liable for full amount
Alternative Options:
5. Release on Recognizance (ROR)- a
promise to return
6. Conditional Release- drug treatment, or
staying away from the complaining
witness, GPS device
7. 3rd Party Custody- someone else
promises to assure court appearance
• Outstanding warrant? On
probation/parole? Immigration issues?
Use a weapon? Violent crime? = Bail
usually denied
Misc.
• Most defendants are not detained prior to
trial (85% approx.)
• However, most yet to be convicted jail
inmates have had bail set (80% approx.)
and can’t afford it. In Philly there are
47,000 fugitives and 1.5 billion is owed the
courts in forfeited bail!(1/20/2010- the
Inquirer).
•
http://www.philly.com/philly/news/20141011_Nearly__1billion_owed_by_thousands_of
_bail_jumpers_wiped_off_the_books.html
• Is Prima Facie a good
standard to use?
• Who do you think that the bail
system works best for?
• What improvements or
changes would you suggest?
Demonstrate the concept of bail
West Philadelphia Man Charged with 3rd
Degree Murder, Manslaughter, Receiving
Stolen Property
Officer spotted the accused in a reported stolen
vehicle. The driver took off and sped up to 100
mph. Driver lost control of vehicle and crashed
into another vehicle, killing a Villanova student
and critically injuring a passenger. Accused
then ran off and was later arrested.
Prosecution Facts
• Suspended drivers
license
• Palm print on steering
wheel
• Fingerprint on rear
window
• Cell phone in car with
photo of accused
• Police identification of
suspect while in vehicle
• 2 prior arrests- assault
and drug possession
Defense Facts
• Accused says he didn’t
steal car and wasn’t the
person in the picture on the
phone. He has no injuries or
marks. Will take Liedetector
• Works at McDonald’s
• Cares for 4 year old son
and sick elderly mother
• has baby on the way
• Family says he was at
home sleeping during the
incident
• prior arrest cases withdrawn