Criminal law issue appealed to U.S. Supreme Court

The United States Supreme Court is the highest court in the land. When a matter passes its way through the state courts of Arizona and is given resolution in the Arizona Supreme Court, the only place that the outcome can be appealed is the U.S. Supreme Court. Even then, the U.S. Supreme Court does not hear every matter sent its way.

Recently, the Attorney General of Arizona appealed a criminal law matter to the Supreme Court. In 2002, voters in the state approved a provision to the state’s constitution that would prevent individuals accused of rape from being able to post bail for their release from prison while they were waiting for their trials. The provision was challenged in court and, after appeals took it up to the Arizona Supreme Court, that court determined that pending a showing of need individuals accused of such crimes had a right to bail prior to their trials.

Arizona’s Attorney General is seeking to argue his case before the U.S. Supreme Court to have the voter-approved provision added back to the state’s constitution. Whether the matter will be accepted by the high court is yet to be determined.

The right to bail and the opportunity for a criminal defendant to preserve their rights prior to trial and possible conviction is an important part of preserving justice. Arizona residents may need to wait to find out if this matter will peak the interests of the Supreme Court justices and if the law regarding this matter will be changed in the state.