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To: Jezebelle

"I'm well aware of the considerations in determining bail."

So you're no longer claiming that the bail "isn't appropriate for Durham", right?




"Since the bail money was borrowed at least in Reade's case, clearly there was a miscalculation when considering the defendants' financial abilities."

That's a howler. Lots of defendents have to borrow money for bail. And "financial ability" includes the ability to find someone wiling to make the loan.




"Dave's family is considerably more well-heeled than Reade's or Collin's, yet the bail was the same for all players."

Why isn't that a reason to think Dave's was set too low as opposed to thinking Reade's and Collin's was set too high?




"$400k bail for a case with weak evidence and no serious injuries to the alleged victim and no flight risk is pretty damn stiff."

When you say "no serious injuries" you mean "apart from having being held down and raped by three guys", right? I mean, you wouldn't a general rule that rape isn't "all that serious" unless there are other injuries, would you?

And I'm not sure why you say there's no risk of flight. The defendents aren't residents of Durham, right? They have no community ties but for attending Duke, right?


14 posted on 05/19/2006 2:53:25 AM PDT by ConsistentLibertarian
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To: ConsistentLibertarian

1). Wrong. I'm claiming that's extremely high bail for Durham, which is not a particularly wealthy county.

2). Howl all you like. Civilized jurisdictions use bail schedules established for that jurisdiction, which takes mean income and other economic factors into account, along with the prima facie facts in the case, the defendant's record, and other factors. If a defendant can demonstrate inability to meet the standards under which the bail schedule was established, a reduction is usaully granted, as long as the defendant isn't a flight risk. But Durham seems to make it up out of thin air.

3). Because Reade's and Collin's was set way too high.

4). She didn't require hospitalization for her alleged injuries. That's the point. Many rape victims are beaten, cut, bones broken, left unconscious, etc., and require hospitalization. Injuries to an alleged victim are always a consideration in setting bail. As for the substance and tone of your statement, GMAFB. There is no evidence to sustain these charges if they were reviewed by an unbiased judge in a probable cause hearing. Too bad NC has no such thing. Perhaps when they figure out we're beyond feudal law in this country, they'll establish such a procedure.

5). Those ties to Duke may be more solid than some lowlife who happened to have dumped his kit in Durham for a few years because the stepmother he's sucking off of lives there. A defendant's past record and standing within his own community is more indicative of whether or not he is a flight risk no matter what jurisdiction the matter is charged in. You have heard of extradition, haven't you? It's safe to say that, either through common knowledge or through counsel, these boys know they would be picked up and extradited if they failed to show up for court, bail would be revoked and they would be held without bail.


17 posted on 05/19/2006 3:17:05 AM PDT by Jezebelle
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To: ConsistentLibertarian

You have evidence that a rape occured in this case!?

Do tell.


35 posted on 05/19/2006 5:08:57 AM PDT by FreedomPoster (Guns themselves are fairly robust; their chief enemies are rust and politicians) (NRA)
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