Legal Opinion

Brangan v. Commonwealth

Massachusetts Supreme Judicial Court

Decided August 25, 2017No. SJC 12232PublishedCited by 36 opinions

1Opinion of the CourtHines, J.

The practice of releasing a defendant on bail prior to trial has been part of Massachusetts law since its beginnings as a colony. See Commonwealth v. Baker, 343 Mass. 162, 165 (1961). The Body of Liberties (1641), the oldest known compilation of Massachusetts Colonial law, provided that:

“18. No mans person shall be restrained or imprisoned by any Authority whatsoever, before the law hath sentenced him thereto, If he can put in sufficient securitie, bayle or main-prise, for his appearance, and good behaviour in the meane time, unlesse it be in Crimes Capital, and Contempts in open Court, and…

2Cases cited40 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Bell v. WolfishSupreme Court of the United States · 1979
  3. United States v. SalernoSupreme Court of the United States · 1987
  4. Moore v. City of East ClevelandSupreme Court of the United States · 1977
  5. Foucha v. LouisianaSupreme Court of the United States · 1992

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3Cited by36 opinions

  1. In re HumphreyCalifornia Supreme Court · 2021
  2. In re Humphrey, California Court of Appeal, 5th District2018
  3. State ex rel. Torrez v. WhitakerNew Mexico Supreme Court · 2018
  4. State ex rel. Torrez v. WhitakerNew Mexico Supreme Court · 2018
  5. Commonwealth v. G.F.Massachusetts Supreme Judicial Court · 2018

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