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One of the many purposes of pretrial detention is to prevent perjury/collusion/deception in the court room. That goes for bail-bonded pretrial detention as wel

by elif 4y ago

One of the many purposes of pretrial detention is to prevent perjury/collusion/deception in the court room. That goes for bail-bonded pretrial detention as well. Just because you aren't behind bars doesn't mean you have freedom to communicate however you like.

KennyBlanken 4y ago
What is your source for all these claims? I can't think of ever having heard of someone being detained for the purpose of "preventing perjury/collusion/deception" in court. Usually pretrial detention is because the court determines the individual is physically dangerous to themselves or society...or because there's a flight risk. Especially given that one is guaranteed access to council, and often is permitted visitors...
- elif 4y ago
  You don't have to reach outside of this case. You can read all in the news about the case of SBF violating the terms of communication in his bail.
- jessaustin 4y ago
  IANAL, but do you think the treatment of Steven Donziger has been kind of like this? Granted, it has been handled as "contempt", but he has been confined to house arrest (and he lives in an NYC apartment) without being convicted of a crime. Also, note that this injustice has been meted out by the very same Judge Kaplan. One is tempted to wonder if SBF might have received worse treatment had he successfully defended the rights of Peruvian jungle-dwellers against polluting multinational firms.
  - freejazz 4y ago
    He was convicted of a crime, the crime was contempt of court... I don't agree with the court, but it is the case that he was found guilty of contempt.
shuckles 4y ago
False. The only basis for not granting pretrial release is if "[the release] will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community", and even still the state has a responsibility to place the minimum number of conditions necessary to protect public safety and ensure appearance.

by elif 4y ago

KennyBlanken 4y ago

What is your source for all these claims? I can't think of ever having heard of someone being detained for the purpose of "preventing perjury/collusion/deception" in court. Usually pretrial detention is because the court determines the individual is physically dangerous to themselves or society...or because there's a flight risk. Especially given that one is guaranteed access to council, and often is permitted visitors...

elif 4y ago
You don't have to reach outside of this case. You can read all in the news about the case of SBF violating the terms of communication in his bail.
jessaustin 4y ago
IANAL, but do you think the treatment of Steven Donziger has been kind of like this? Granted, it has been handled as "contempt", but he has been confined to house arrest (and he lives in an NYC apartment) without being convicted of a crime. Also, note that this injustice has been meted out by the very same Judge Kaplan. One is tempted to wonder if SBF might have received worse treatment had he successfully defended the rights of Peruvian jungle-dwellers against polluting multinational firms.
- freejazz 4y ago
  He was convicted of a crime, the crime was contempt of court... I don't agree with the court, but it is the case that he was found guilty of contempt.

shuckles 4y ago

False. The only basis for not granting pretrial release is if "[the release] will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community", and even still the state has a responsibility to place the minimum number of conditions necessary to protect public safety and ensure appearance.