Eighth Amendment to the United States Constitution

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"

The Eighth Amendment (Amendment VIII) to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual Punishment Clause applies to the states. The phrases employed originated in the English Bill of Rights of 1689.

In England, sheriffs originally determined whether to grant bail to criminal suspects. Since they tended to abuse their power, Parliament passed a statute in 1275 whereby bailable and non-bailable offenses were defined. The King's judges often subverted the provisions of the law. It was held that an individual may be held without bail upon the Sovereign's command. Eventually, the Petition of Right of 1628 argued that the King did not have such authority. Later, technicalities in the law were exploited to keep the accused imprisoned without bail even where the offenses were bailable; such loopholes were for the most part closed by the Habeas Corpus Act 1679. Thereafter, judges were compelled to set bail, but they often required impracticable amounts. Finally, the English Bill of Rights (1689) held that "excessive bail ought not to be required." Nevertheless, the Bill did not determine the distinction between bailable and non-bailable offenses. Thus, the Eighth Amendment has been interpreted to mean that bail may be denied if the charges are sufficiently serious. The Supreme Court has also permitted "preventive" detention without bail. In United States v. Salerno, 481 U.S. 739 (1987), the Supreme Court held that the only limitation imposed by the bail clause is that "the government's proposed conditions of release or detention not be 'excessive' in light of the perceived evil."

A Fraternity Hazing Gone Wrong

November 14, 2005

Story by by Elaine Korry

It's a parent's nightmare and a nagging fear for the people who run colleges and universities: A young fraternity pledge dies when hazing gets out of control. It's happened at least once each year for more than three decades. Nine months ago it happened at Chico State University in California, and this time prosecutors did something unusual: They filed felony criminal charges against the fraternity brothers involved.

But that's not much comfort to the family of Matthew Carrington, who died during the Feb. 2, 2005, hazing accident.

In his 22 years, Gabriel Maestretti has often been a role model: an altar boy, high school homecoming king and a volunteer coach. But in the past year he's also been called a "tormentor" and "a mean drunk." And earlier this month, he became something worse: a felon.

The Butte County courtroom of Judge Stephen Benson was awash in red, the color worn by family and friends of Matthew Carrington to honor him. Gabriel Maestretti, deeply religious as a boy, had never been in trouble before. Yet, according to the district attorney, he was the most culpable in Carrington's death. He stood before the judge, baby-faced, with the physique of a linebacker, choking back tears.

"I did what I did out of a misguided sense of building brotherhood, and instead I lost a brother. I will live with the consequences of hazing for the rest of my life," Maestretti told the court. "My actions killed a good person, and I will be a felon for the rest of my life, and I'll have to live with that disability, but I'm alive and Matt's not. "

Moments later, Maestretti and three of his fraternity brothers — John Fickes, 20, Carlos Abrille, 22, and Jerry Lim, 25 — were handcuffed and led off to jail.

Matthew Carrington would have turned 22 this month. He grew up with his younger brother in a small ranch-style house in Pleasant Hill, east of San Francisco. Debbie Smith has a giant portrait of her son on the fireplace mantle. Dozens of snapshots fill the coffee table and bookshelves.

"We did everything together as a family, so we have tons of pictures, and I have to have them out," she said. "I have this need to just be surrounded by him. I can't put him away."

Like a lot of moms, Debbie Smith says her son was destined for great things. But Carrington's plans weren't grandiose at all. He just wanted to graduate and get a good job, marry and have kids, his mother says. Now, she mourns the wedding she'll never attend, the grandchildren she'll never hold.

Boarded-up on the edge of campus is the Chi Tau fraternity house. From the outside, the white building doesn't look like a crime scene. The basement, says Chico Police detective Greg Keeney, the lead investigator on the case, is another story.

"It's kind of like the medieval castle dungeon," says Keeney. In February, at the time of Carrington's death, the dark and dirty basement would have been very cold, says Keeney. Repeatedly scribbled on the walls was the phrase, "In the basement, no one can hear you scream."

Carrington died during Chi Tau's "Hell Week." Junior fraternity brothers were in charge and were told to be tough on the pledges. Carrington was at the Chi Tau, located in Chico, Calif., north of Sacramento to support his friend, Mike Quintana. Both were sober, according to police reports.

The two pledges were ordered downstairs and told to do calisthenics in raw sewage that had leaked on the floor. For hours, according to district attorney Mike Ramsey, they were interrogated and taunted.

There were forced pushups and trivia quizzes. Through it all, the Carrington and Quintana were ordered to drink from a five-gallon jug of water, which was filled over and over. Fans blasted icy air on their wet bodies. They urinated and vomited on themselves. Then, according to DA Ramsey, something went terribly wrong.

Carrington collapsed and started a seizure. Fraternity members didn't initially call an ambulance. By the time they did, it was too late. Carrington was taken to Enloe Medical Center, where his heart stopped. At about 5 a.m. he was pronounced dead from water intoxication, which caused the swelling of his brain and lungs. Not a single fraternity brother was there, a fact that still haunts his mother.

"All I could think of was, 'Matt's alone. Nobody is with him... why is that?' " she said. Hours passed from the hospital's first call to Carrington's parents before they learned how he died.

Hazing is illegal in the majority of states, including California. But usually it's a misdemeanor offense that brings a slap on the wrist. Most colleges have banned hazing, and rogue Greek chapters have been suspended. But sometimes the strategy backfires. Hazing expert Hank Nuwer says once they're decertified, these chapters are accountable to no one.

"It's kind of like having unregulated gangs on campus, and yet it's a hidden problem that doesn't get discussed on the news a lot," says Nuwer.

It was a problem at Chico State. Chi Tau was among a handful of suspended fraternities that had been in trouble before. For now, the school has shut down all Greek recruitment. A task force is overhauling all the rules for student conduct. And University President Paul Zingg has threatened the ultimate punishment — an outright ban on fraternities and sororities.

"They talk about integrity and scholarship and holy friendship forever," says Zingg. "And I basically said, if that's really what you believe in, you've got a respected place on this campus. But if you're nothing but drinking clubs masquerading as fraternities, you don't."

Fraternity members pass the now-defunct Chi Tau house everyday on their way to classes. It's a vivid reminder of Carrington's death.

"We're still dealing with it. Everybody's still kind of haunted by it," says Adam Cherry, a Chico State junior and a member of Sigma Pi, a fraternity which he says doesn't haze. He thinks it's only right that the defendants are in jail. But he resents being lumped together with the young men implicated in Carrington's death.

"This fraternity, Chi Tau, was not recognized by the school, not recognized by anybody. So basically they were just a bunch of guys with letters on their house," says Cherry.

There's a growing movement to toughen the penalties for hazing. Two states, New York and Florida, have done it already, and Carrington's parents say now it should be California's turn. They want hazing out of the education code and charged under the penal code, like other violent crimes. But even that's not enough, says Debbie Smith. Something else has to change: the mindset that considers hazing just part of college life.

"I understand that they didn't intend to kill Matt," she says. "My hope is that they learned something, that we all learned something, and that they can teach others from their experience so that we don't have to have this keep happening to our children."

It may be too late for Gabriel Maestretti, who will serve one year in jail. But he, too, wants to get the message out.

"I accept my punishment, with the hope that it will serve as a warning to others not to follow the path I did," he said during his sentencing. "Hazing isn't funny, it's not cute. It's stupid, dangerous. It's not about brotherhood, it's about power and control."

For other students, the message hasn't sunk in yet. Despite the trauma of Carrington's death, two more Greek organizations at Chico State have already been suspended for misconduct this semester.

At Bad Boys Bail Bonds, we feel this story can be learned.  We can only hope any future instances can be avoided by making aware of this tragedy.

Animal House (1978): Movie Review

Animal House (1978): The original bad boys on campus.

Storyline:
Faber College has one frat house so disreputable it will take anyone. It has a second one full of white, anglo-saxon, rich young men who are so sanctimonious no one can stand them except Dean Wormer. The dean enlists the help of the second frat to get the boys of Delta House off campus. This film gives high-jinks and fooling around a bad name. P The dean's plan comes into play just before the homecoming parade to end all parades for all time.

The Original Bad Boy of all Bad Boys: John Belushi

Casts:
John Belushi, Karen Allen, Tom Hulce, Kevin Bacon

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The Bounty Hunter (2010): Starrting Jennifer Aniston Gerard Butler

The Bounty Hunter:

Storyline

Milo Boyd, a down-on-his-luck bounty hunter, gets his dream job when he is assigned to track down his bail-jumping ex-wife, reporter Nicole Hurly. He thinks all that's ahead is an easy payday, but when Nicole gives him the slip so she can chase a lead on a murder cover-up, Milo realizes that nothing ever goes simply with him and Nicole. The exes continually one-up each other - until they find themselves on the run for their lives. They thought their promise to love, honor and obey was tough - staying alive is going to be a whole lot tougher.

The gambler and former police officer Milo Boyd owes money to dangerous takers and works as bounty hunter. His ex-wife Nicole Hurley is a reporter snooping the mysterious death of a man that was reported by the police as suicide. Meanwhile Nicole is accused of running over and assaulting a police officer and is summoned to a hearing in the court. However, she has a lead for her case and she misses the audience with the judge. Milo is assigned to track down and arrest Nicole; in return, he would receive an award of US 5,000.00. While hunting Kate, Roy stays close to his ex-wife and they both revive the good moments they had in their marriage and Milo. But Nicole is pursued by the criminal that she is investigating.

Casts:

Gerard Butler

, Jennifer Aniston, Gio Perez, Jeff Garlin, Peter Greene

Dog the Bounty Hunter:

Dog the Bounty Hunter is a reality television show on A&E which chronicles Duane "Dog" Chapman's operations at his job as a bounty hunter, at Da Kine Bail Bonds in Honolulu, Hawaii.

Dog is joined by his wife and business partner, Beth Smith Chapman, his children Leland Chapman, Duane Lee Chapman, and "Baby" Lyssa Chapman-Galanti. In season one, the team was joined by Dog's nephew Justin Bihag. Dog's brother Tim "Youngblood" Chapman starred in seasons one to four and made brief appearances in season six; he retired from bounty hunting after season four. Dog refers to Tim as his blood brother. Episodes have been filmed in Hawaii, Dog's home state of Colorado, and the city of San Francisco.
The program spun off from Chapman's appearance in the show Take This Job, a program about people with unusual occupations. Both shows are produced for A&E by Hybrid Films, a New York-based production company. The concept of the program was to follow a family of bounty hunters as they capture fugitives. The television show follows the family's adventures in bounty hunting, Da kine Bail Bonds, which has locations in Oahu, in Kona on the Big Island and also on the mainland in Denver, Colorado.

The television series led to a 2007 autobiographical book You Can Run But You Can't Hide chronicles his years before becoming a bounty hunter and also some of his more infamous hunts including the more controversial hunt that took him and his team to Mexico to capture serial rapist Andrew Luster.[1]

Production of and airing of the show was halted by A&E on November 2, 2007, after Dog Chapman was recorded uttering racial slurs. Chapman publicly repented and vowed to make amends, and received support from fans and leaders of the African-American community. On February 19, 2008, A&E annonunced that the show would return.[2] Reruns of Dog the Bounty Hunter, along with never before seen episodes from season 4, began airing on June 25, 2008. New episodes (the show's fifth season) began airing on July 16, 2008 and Season 6 started in February 2009. The seventh season of Dog the Bounty Hunter began airing on A&E December 2, 2009. The 8th season began March 10, 2010 on A&

How Do Bail Bonds Work?

How Do Bail Bonds Work?

Is Justice Blind or Just Ignorant?

THE BAIL BOND PROCESS AND THE COURT SYSTEM

The purpose of the bail system is to guarantee the appearance of a criminal defendant in court, and it is important that you know how bail bond process works. Our licensed bail agents can answer all your specific questions or give you more bail bond information 24 hours a day.
HOW DO BAIL BONDS WORK?

A bail bond is formally known as a “Surety Bond”. Usually, a friend, relative, attorney or defendant will contact a bail bond company by phone. During the initial phone consultation, most bail bond companies will collect basic information about the situation, such as where is the detainee being held, how long have they been there, what are the charges, how long have they been in their current residence, do they work, etc. The bail company is assessing the risk involved in the bail bond.

If the customer chooses to purchase a bail bond, the customer will need to sign bail bond documents including a Bail Bond Application, a Bail Indemnity Agreement, and a receipt.
Our company can process bail by fax or e-mail in just a few minutes or we can dispatch a licensed bail bond agent to the customer.

After the bail bond paperwork is finalized, a licensed agent will “post” the bail bond at the appropriate detention facility or jail which will result in the release of the defendant. From start to finish, a competent bail bond company will complete the entire bail bond process in 1 to 2 hours. Note that we can’t begin the bail bond process until all the arrest and booking procedures are complete.

For this service, the customer is charged a fee (usually 10% of the full bail amount, which is mandated by state law). Rynerson Bail Bonds offers payment options to meet your needs. Be wary of bail bondsmen offering cheap bail bonds for 5% or less. Bail bond cost is set by California law, and bail agents who charge less are violating the law or may simply be using “bait & switch” to get your business.

By involving family, friends, and possible collateral, the bail bond company can be reasonably assured that an individual released on bail bond will appear at their appointed court date. With their money at risk, the bail bond company has a financial incentive in supervising bailees, so that they ensuring that they appear for trial. If a defendant “skips bail “, the bail agent has time to find the defendant and bring them in.

With this in mind, always understand your bail bond indemnitor responsibility before you agree to sign on someone else’s behalf. If the person fails to appear, the bail bond company will expect you to know where the defendant can be found and assist in their return to court.
ARREST AND BOOKING

When an individual is arrested, generally, they will be taken to a local law enforcement station for booking. During the arrest and booking process, bail will be set, if applicable. After they have been booked, the defendant has several options for release which are outlined below.

The booking process basically consists of fingerprinting, background check, check for warrants and getting into the computer system. The detainee will be searched for weapons. Their personal belongings will be catalogued and retained by the jailer. During their time in jail the detainee will not have access to their money, credit cards, cell phones, etc.

After fingerprints are taken, the arrestee is taken to a cell. The cell may or may not have a payphone for use. Some jails allow for phone calls before the person is brought to the cell, others will give phone access when it is convenient for the jailer.

There is considerable work involved on the part of the jail to get the individual “processed in”. After the jailer has done this work, the computer system needs to update. The entire process can be time consuming. Some jails, especially smaller jails, do this quickly and efficiently and are complete with “processing in” in an hour or less. Other jails take several hours to accomplish this. The busyness of the jail is also a large factor in determining the time required to process an arrestee.
OPTIONS FOR RELEASE

There are the 5 options for release

    Bail Bond (formally a Surety Bond)

    Bail bonds are explained in detail above.

    Own Recognizance (also known as “O.R.”)

    Defendants can be released on their Own Recognizance, also known as “OR”. This is usually reserved for lesser crimes. Only a judge can decide to release a detainee on OR. In such a case, the defendant is released with a written promise to appear in court.

    Property Bond

    Release from jail may be obtained by posting a property bond with the court in some. Because Property Bonds involve real estate and can be likened to the buying or selling of a home, the process usualy takes several weeks. Equity in the property must be equal to 150% of the total bond amount. Fees on a property bond would be similar to escrow fees, appraisal and title search fees, for example. If the defendant fails to complete court requirements, the court would foreclose on the property.

    Cash Bail

    To be released on cash bail, an individual must post the full amount of the the bail with the court in the form of cash or cashiers check. In order to post cash bail, an individual should check with the clerk to verify forms of payment accepted in an individual jurisdication as different courts may have other options or restrictions. The source of funds for large bail generally must be verified to ensure that funds come from legal sources.

    After the case has been resolved, the entire amount is refunded. Cash bail is a good option for people with a low dollar bail amount or who can afford to have large sums of money tied up for an extensive period of time.

    Citation Release (also known as a “Cite Out”)

    A Citation Release involves the issuance of a citation to the arrestee, informing the arrestee that he or she must appear for an appointed court date. This is typical for more minor infractions such as traffic violations.
RELEASE FROM JAIL

The jail release process can be likened to the booking process in reverse. Unfortunately for the detainee and the waiting family, it is not like checking out of a hotel where an accounting is presented and paid and you go on your way.

Regardless of the release option employed, the computer system must be updated, the detainee is brought from the cell, personal belongings are collected and accounted for and the individual receives paperwork explaining the charges and where and when to appear.

This process may take a few minutes in a small jail, but may take hours in a crowded or busy jail. The timing generally cannot be accurately determined and certainly cannot be guaranteed. Should you use Rynerson Bail Bonds, we can assist with our experience regarding timing of release for various jails.

Bad Boys Bail Bonds Support California Fraternities

At Bad Boys Bail Bonds, we understand that the young men in our schools tend to get into some rowdy activities.  We have a place in our hearts for these Bad Boys.

Fraternities in California- Visit these fine group of men and women:

http://www.calgreeks.com/ifc/chapter-directory/

http://www.greeklife.ucla.edu/

http://usc.greekrecruitment.com/

http://www.dos.uci.edu/greeklife/

http://osa.stanford.edu/greek/

http://web.pacific.edu/x2295.xml

http://en.wikipedia.org/wiki/List_of_social_fraternities_and_sororities

http://www.csus.edu/org/greek/

http://en.wikipedia.org/wiki/California_State_University,_Los_Angeles

www.greeku.com 

http://greeklife.sdsu.edu/