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re: How does Trump’s half billon dollar bond in NY not violate the 8th amendment?

Posted on 3/20/24 at 4:13 pm to
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124174 posts
Posted on 3/20/24 at 4:13 pm to
quote:

Not what I replied to (which was a post about criminal bail/bond).
We've had a couple of ?lawyers? incorrectly jabbing posters on the 8thA relating to criminal rather than civil law.

Issues of preverdict criminal penalties morph with similar problems in the civil system. They are birds-of-a-feather. The requirement for Trump to forfeit massive funds in this instance, when there is virtually no chance of the naked judge's rulings/assessments surviving appeal, is absurd.

One would surmise the refusal to grant a jury trial for such a massive fine would run afoul of the Constitution. The fine itself would seem to run afoul of the Constitution. Beriaesque AG pronouncements during her campaign seem similarly dubious Constitutionally.

Meanwhile, the potential for damage during this appeal reminds in some ways of Weissmann's Arthur Andersen case where, by the time SCOTUS got to gut Weissmann 9-0, AA was defunct, ruined and its 28,000 employees were screwed. Consequences for Weissmann? Nada. In fact, he was later lauded as a "pitbull" for that legal abortion. That is a shite system.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63191 posts
Posted on 3/20/24 at 4:28 pm to
SFP is not really the guy to dialogue with these days. Not that he's stupid, he's just a tired old shite poster that prefers to attack people/groups rather than attack or defend ideas or principles.

He's clearly very bored and is hardly a considerable contributor to this board anymore. We all grow out of our shite I guess.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423365 posts
Posted on 3/21/24 at 6:56 am to
quote:

We've had a couple of ?lawyers? incorrectly jabbing posters on the 8thA relating to criminal rather than civil law.

When people are citing the wrong kind of bond

Like this post, the one I originally replied to:

quote:

Lulz

Proving yet again that most libtards arent very smart
quote:

quote:

When a person is booked into jail, he or she has to go before the judge who then decides the terms and conditions of that particular person's bail order. In case of a person who can be released from jail, a bond order has to be granted by the judge. There are two types of bonds - secured and unsecured. A secured bond means that you actually pay money or bail property to secure your release.



that is indisputably a reference to criminal law. Hence why I replied to you, "Not what I replied to (which was a post about criminal bail/bond)."

quote:

Issues of preverdict criminal penalties morph with similar problems in the civil system. They are birds-of-a-feather.

Not the bond aspect. There is no overlap in bail/bond in criminal matters (which permits your release from custody and secures your appearance at court) and an appeal bond (which is the security you put up during an appeal to suspend the execution of a civil judgment).

quote:

One would surmise the refusal to grant a jury trial for such a massive fine would run afoul of the Constitution.

I don't think there is any such requirement for a state action. Someone can correct me, but I don't know of any purely regulatory actions that permit a jury (there are a LOT of regulatory actions so it may exist somewhere).

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