The issue of bail for defendants is one to be taken seriously

The 8th Amendment to the Con- stitution is most recognized for its prohibition of cruel and unusual punishment, but it also prohibits excessive bail.

The key, of course, is drawing a line between excessive and reasonable, and depending on the circumstances a number can get pretty high before a defense lawyer can successfully argue that it’s excessive. Bail is meant to ensure a defendant’s appearance at future court appearances. When the defendant presents a clear danger to the community, denial of bail is appropriate.

Too often in the past, defendants have been released on nominal bond only to flee justice or to commit other crimes.

We find little to criticize in the Youngstown Municipal Court’s setting of bonds for the six defendants arrested so far in the Feb. 6 shooting that left one man dead and 11 others wounded. The bonds range from the high five figures to as much as $1 million and have been continued as the cases reach common pleas court.

The community demands protection from people who show so little regard for human life that they open fire with semi-automatic wea–pons on a group of obviously unarmed party goers. Those who would aid and abet such an act are also obviously dangerous.

And, the potential for serious jail time is such that any of the defendants might be tempted to go on the lamb if bond were not an issue.

Speaking of the consequences of attempting to flee justice, Common Pleas Court Judge Maureen Sweeney provided an excellent object lesson this week on why running is not a good idea.

Lexter Williams had pleaded to three counts of aggravated robbery, four counts of kidnapping, two counts of aggravated burglary and one count of gross sexual imposition with firearm specifications and to being a felon with a gun in connection with a home invasion on Livingston Street in 2009. All things considered, he made a very good deal, and under other circumstances we’d probably be criticizing the 13-year prison term he faced as too light. Williams however, made the mistake of skipping bail while awaiting his sentencing date and it took a couple of months before he was tracked down in Philadelphia.

A costly gamble

He’d been warned that if he misbehaved while awaiting sentencing the deal for a 13-year sentence was off, and this week he found out how much he had lost in the bargain: about 85 years.

Judge Sweeney sentenced him to the near maximum on the various charges, for a total of 99 years. He could get a few more years on a separate charge of escape.

That should serve as a cautionary tale to anyone remotely tempted to jump bail.

There is no doubt that bail is a necessary part of the judicial system, even beyond its constitutional mandate and the fact that those who have been arrested do enjoy a presumption of innocence. There, quite simply, aren’t enough jail cells in the county to contain everyone awaiting criminal prosecution, or enough deputies to man the jails. And so, bail and electronic surveillance provide an escape valve for the system, but, presumably, not an escape route for criminals. A balance must be reached between a defendant’s rights, the ability of the county to house dangerous criminals, the potential cost of running down those who flee, and, of course, the safety of law-abiding citizens.