BAIL HEARING

The following five people have been arrested and charged with a variety of crimes. In each case, decide whether the person should be released and, if so, under what conditions. Choose from one of the following options and discuss your decision: (1) bail (release after a certain amount of money is paid; set amount), (2) personal recognizance (release with no money required), (3) conditional release (release under certain conditions; set conditions), and (4) pretrial detention (no release).

Case 1 Name: Marta Garcia Age: 26 Charge: Possession of crack cocaine. Residence: 619 30th Street, lives alone, no family or references. Employment: Unemployed Education: 11th grade Criminal record: As a juvenile had five arrests, mostly misdemeanors. As an adult had two arrests for petty larceny and a conviction for possession of dangerous drugs (probation was successfully completed). Comment: Defendant arrested while leaving a train station carrying a suitcase containing a large quantity of crack cocaine. Urine test indicates defendant presently using narcotics.

Case 2

Name: Gloria Hardy Age: 23 Charge: Prostitution Residence: 130 Riverside Drive, Apt. 10 Employment: Works for call girl services; reportedly earns $1500 per week. Education: Completed high school. Criminal Record: Five arrests for prostitution, two convictions. Currently on probation. Comment: Vice detective alleges defendant is involved in prostitution catering to wealthy clients.

Case 3

Name: Stanley Wexler Age: 42 Charge: Possession and sale of crack cocaine Residence: 3814 Sunset Drive, lives with wife and two children Employment: Self-employed owner of a drugstore chain, net worth $250,000 Education: Completed college, holds advanced degrees in pharmacology and business administration. Criminal record: None Comment: Arrested at his store by undercover police after attempting to sell a large quantity of crack cocaine. Alleged to be a big-time dealer. No indication of drug usage. Case 4 Name: Michael D. McKenna Age: 19 Charge: Assault Residence: 412 Pine Street Employment: Waiter, Vanguard Restaurant; earns $200 per week. Education: 10th grade Criminal Record: Six juvenile arrests (possession of marijuana, illegal possession of firearms, and four burglaries); convicted of firearms charge and two burglaries; spent two years in juvenile facility. Comment: Arrested after being identified as an assailant in a street fight. Alleged leader of a street gang. Police consider him dangerous. No indication of drug usage. Lives on his own, and his parents are in prison.

Case 5

Name: Chow Yang Age: 34 Charge: Possession of stolen mail and forgery Residence: 5361 Texas Street, lives with common-law wife and two children by a prior marriage. Employment: Works 30 hours per week at a service station, earns minimum wage. Education: Quit school after eighth grade; no vocational skills. Criminal Record: Nine arrests – mostly vagrancy and drunk and disorderly conduct. Two convictions: (1) driving while intoxicated (fined and lost license) and (2) forgery (completed two years’ probation) Comment: Arrested attempting to cash a stolen social security check. Probation officer indicates defendant has a drinking problem.