BAIL AFTER CONVICTION

Authors

Abstract

On a question of bail before indictment, the magistrate may inquire as to the guilt of the prisoner. After indictment he may in cases not capital look at the evidence upon which it is obtained. But at each step of the proceedings the grounds upon which the prisoner can be let to bail diminish, as the evidence of his guilt increases; because bail is not based upon the grace or favor of the court, but solely upon the doubt which may exist as to his guilt. After conviction and sentence, his claims to be let to bail are further diminished; but as he may still be innocent, as he may have something to urge against the legality of his sentence, he may apply to be bailed, and if it appear that his conviction was unjust, or there is serious doubt as to his guilt his application may be granted * * *· But at this stage of the proceeding, the legal doubts concerning the guilt of the prisoner ought to be considered as so well settled against him that the application for bail, if made at chambers, should be very cautiously entertained, and only granted in cases of great question and difficulty. Before conviction the defendant "stands upon his plea of not guilty, supported with all the presumptions of innocence with which the law delights to surround him. But when his trial has been had, and his plea proven false, the law will not stultify itself by presuming him other than that it has itself adjudged him to be." So in a great majority of the states bail before conviction in all cases, except capital where the proof is evident or the presumption great, is a matter of right. The quotation from the New York court is not consistent with this view, but is in conformance with New York law. After conviction, unless a statute so provides, the defendant is not longer entitled to bail as a matter of right.

Recommended Citation

BAIL AFTER CONVICTION, 25 Mich. L. Rev. 646 (1927).
Available at: https://repository.law.umich.edu/mlr/vol25/iss6/5