BAIL AND PERSONAL LIBERTY
AbstractThe availability of bail to an accused who is either prepared to meet a sheriff’s demands or to use less orthodox methods raises two fundamental issues, discussed in this article. The first concerns the extent of the availability of bail, and the second involves the kind of power that should be entrusted to the bailing authority, specifically, whether the power should be discretionary or obligatory. The author also examines what considerations should guide the exercise of power if discretion is allowed.
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