What is the effect if a man over 70 years of age like Juan Ponce Enrile is granted bail, for humanitarian considerations, by the Supreme Court even if, based on the law, he is not qualified for bail?Tip: stare decisisGroup of answer choicesThis is in violation of the equal protection of laws because this is only applicable to Enrile.All other persons above 70 years old, for health or humanitarian considerations, can also avail of bail before conviction.
Question
What is the effect if a man over 70 years of age like Juan Ponce Enrile is granted bail, for humanitarian considerations, by the Supreme Court even if, based on the law, he is not qualified for bail?Tip: stare decisisGroup of answer choicesThis is in violation of the equal protection of laws because this is only applicable to Enrile.All other persons above 70 years old, for health or humanitarian considerations, can also avail of bail before conviction.
Solution
The granting of bail to a man over 70 years old like Juan Ponce Enrile, for humanitarian considerations, by the Supreme Court even if he is not qualified for bail based on the law, can have several effects.
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Precedent Setting: This could set a precedent for future cases. The principle of "stare decisis" means "to stand by things decided" in Latin. It is a legal principle which dictates that courts cannot disregard standard. If the Supreme Court grants bail to Enrile, it could be used as a precedent in future cases involving individuals over 70 years old who are not qualified for bail under the law.
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Equal Protection of Laws: This could potentially be seen as a violation of the equal protection of laws. The equal protection clause is part of the 14th Amendment to the United States Constitution and prohibits states from denying any person within its jurisdiction the equal protection of the laws. If Enrile is granted bail when he is not legally qualified for it, it could be argued that he is being given preferential treatment.
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Potential for Other Individuals to Avail Bail: If Enrile is granted bail, it could potentially open the door for other individuals over 70 years old to avail of bail for health or humanitarian considerations, even if they are not legally qualified for it. This could potentially lead to an increase in the number of individuals over 70 years old being granted bail.
However, it's important to note that these are potential effects and the actual impact would depend on the specific circumstances of each case and the interpretation of the law by the courts.
Similar Questions
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A law was passed that raised the age of criminal responsibility to 15 years old. Mr. X and Mr. Y were previously convicted of crimes they committed when they were 14 years old. They were already 25 years old, which is why the court forgot to release them. Mr. X notified his warden and made the necessary applications for his release. Mr. Y did not notify the warden, but he claimed he was discriminated because while X was released based on the new law, he was still left in prison even if he was also qualified to be released. What is the problem of Mr. Y?Group of answer choicesMr. Y does not deserve to be released based on substantive due processMr. Y needs to go through procedural due process and apply for his release
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