• AZ Supreme Court asked to reinstate no-bail law

    daily star

    PHOENIX — Prosecutors are asking the Arizona Supreme Court to reinstate a law that allows some people accused of sexual abuse of minors to be held without bail.

    Deputy Maricopa County Attorney David Cole said the constitutional provision limiting access to bail was adopted by voters in 2002. He said the state Court of Appeals, in overturning the law enacted by lawmakers to implement that amendment, failed to give “due consideration to the overwhelming will of the people.”

    “It has long been the law in Arizona that legislative enactments enjoy a strong presumption of constitutionality, and that the burden to overcome the presumption rests squarely on the shoulders of the challenger,” Cole said in legal papers filed with the state’s high court. And he said the attorneys for the two men at issue have failed to meet that burden.

    “The people of Arizona determined that sexual conduct with a minor is an acute problem and that pretrial detention for those accused of that crime was in the best interest of the community,” Cole wrote.

    Read full story here: http://tucson.com/news/local/az-supreme-court-asked-to-reinstate-no-bail-law-for/article_06645c9d-32c2-5d85-9756-8ad0ea7a50de.html

    Categories: Constitutionality, Court Findings, News

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