§804-9  Amount.  The amount of bail
rests in the discretion of the justice or judge or the officers named in
section 804-5; but should be so determined as not to suffer the wealthy to
escape by the payment of a pecuniary penalty, nor to render the privilege
useless to the poor.  In all cases, the officer letting to bail should consider
the punishment to be inflicted on conviction, and the pecuniary circumstances
of the party accused. [PC 1869, c 50, §6; RL 1925, §3984; am imp L 1933, c 30,
§1; RL 1935, §5438; RL 1945, §10739; RL 1955, §256-9; HRS §709-9; ren L 1972, c
9, pt of §1]



 



Cross References



 



  See Const. Art. I, §12.



 



Case Notes



 



  Section means no more than that bail shall be in a reasonable
amount, considering the financial status of defendant and the possible
punishment.  56 H. 447, 539 P.2d 1197.



  No abuse of discretion in setting bail at $75 for person
arrested for simple trespass.  64 H. 130, 637 P.2d 1105.



  Since §804-5 provides chief of police or designee with
independent authority and discretion to admit persons charged with misdemeanor
offenses to bail in accordance with this section, senior judge of family court
lacked authority to issue a bail schedule divesting police of that authority
and discretion.  75 H. 357, 861 P.2d 1205.



  Cited:  76 H. 219, 873 P.2d 98.