This Comment examines the California Supreme Court's holding in In re Underwood that bail may not be denied to protect the public from those charged with a non-capital offense. The author argues that despite the validity of the court's proposition, the interests of society are under-protected with respect to the crime of forcible rape. The author suggests that a constitutional provision in needed, which denies the rights to bail to those accused of forcible rape when the "proof is evident or the presumption great" that the crime was committed. The author concludes that, while this proposed amendment would be constitutionally challenged, it would most likely survive constitutional scrutiny.
Kathy M. Pisula,
Forcible Rape and the Right to Bail,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol17/iss5/5