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To: Deep_6
Can you think of any possible circumstances where any citizen facing incarceration after trial, should not be considered a flight risk?
Certainly.

If I am facing a charge where the maximum jail term is 10 years, but I know that if I skip bail I face further charges that could put me away for 30 years, then I am not likely to run, especially if I have a job and if I have a family here to support.

However, if I am here on a visa, and I face being deported from this country if I don't skip out but I might be able to stay if I do skip out, I think it is reasonable to assume there is a flight risk.

34 posted on 01/10/2002 7:34:56 AM PST by Hugh Akston
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To: Hugh Akston
I had to separate your comment for clarity [she works here in the orifice]

re:
".......If I am facing a charge where the maximum jail term
is 10 years, but I know that if I skip bail I face further charges
that could put me away for 30 years, then I am not likely to 
run, especially if I have a job and if I have a family here to support.

However, if I am here on a visa, and 
A. I face being deported from this country if I don't skip out 
B. but I might be able to
stay if I do skip out, 
I think it is reasonable to assume there is a flight risk
........."

Huh? Kinda' contorted, wouldn't you say?

The immigrant has an option. He can flee and be sure of
deportation when/if located, since he's compounded his
problem, or trust in our system of jurisprudence. The fact
he arrived at court as specified will count in his favor, not
against him.

Keep in mind what the 9th Circuit Court said. The immigrant's
bail is set according to the crime and circumstances. 

If it wasn't a crime of magnitude [moral turpitude] he should 
be allowed benefit of doubt - and it is very likely that he
would not be deported.
 

If it was a serious crime, he would not be sitting and waiting
for the prosecutor's office to figure out a charge that might
get him deported, nor would bail be slight.

Or more simple, the immigrant has more to gain by not
fleeing, than he does by fleeing [under those circumstances
described].

I do agree, there have been too many ultra-liberal "get him
out of the system" findings and bureaucratic maneuverings
between the court system, INS and justice departments in
the past. And likely the reason we hear of hardened and
dangerous criminals of non-US citizenship [and citizens alike]
walking among us, while they should have been deported or
incarcerated. But we shouldn't allow that to prejudice our
concerns and desires to maintain a fair and just system as our
Constitution mandates.

 

Thanks

 

50 posted on 01/10/2002 12:36:30 PM PST by Deep_6
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