Public-domain · open source
OpenJurist

256 La. 1016

State v. Johnson

Supreme Court of Louisiana

Decided November 23, 1970

Supreme Court of Louisiana · decided 1970-11-23

Decided 1970-11-23

¶1The application is denied. We find no-abuse of discretion by the trial judge.

McCALEB, Justice, is of the opinion that the bond is excessive and should be reduced to $10,000.BARHAM, Justice,

¶2is of the opinion that bail is. excessive. The maximum sentence that can be imposed is 2 years. It is the legislative determination of the nature of the offense and the degree of punishment responsive to it, which the court must consider, and it is not the judiciary’s emotional and mental reaction that a particular offense shocks their individual conscience, which should determine the “seriousness of the offense” and the amount of bail. Bail is required for the purpose of assuring appearance in court proceedings and not for the purpose of inflicting pun*1017ishment before a determination of guilt. See C.Cr.P. Art. 317.

/256/la/1016 · .json · Public domain