No. of Recommendations: 3
In all the cases I cited, the system could have remanded these people to custody to await trail because of a lengthy track record of arrests, some violent. That has nothing to do with the principle of innocent until proven guilty.
Yes, it does. It has everything to do with the principle of innocent until proven guilty.
You cannot be considered guilty of a crime because you have a track record of arrests. You cannot be considered guilty of a crime because some of those arrests were for violent crimes. You cannot be considered guilty of a crime just because your alleged victim is fearful of what might happen if you are released.
You are considered innocent of the crime you are accused of until trial - regardless of your past criminal history, your past arrest record, or any other circumstance. In limited circumstances you can be subject to pre-trial detention without bail, which vary based on state law (though are constrained by the U.S. Constitution).
In the cases you cited, it seems pretty likely that the prosecution would not have been able to establish the circumstances necessary for pre-trial detention without bail. Or I should say "case" - the other two were about the length of sentencing on conviction, not pre-trial detention.
Albaby
