In cases of a capital offense, what is required before a defendant can be denied bail?

In cases of a capital offense, for a defendant to be denied bail, the law requires compelling evidence that is "evident" or clear and convincing. This high standard stems from the severity of a capital crime, which can lead to a death sentence or life imprisonment. The legal system aims to balance the presumption of innocence and the rights of the accused with the need to ensure public safety and the integrity of the judicial process.

When denying bail for a capital offense, the prosecution must present substantial evidence showing that the defendant poses a significant flight risk or a danger to the public if released. This evidence must be solid enough to justify restricting the defendant's freedom before trial. The rationale behind this requirement is to ensure that the decision to deny bail is based on firm and factual grounds rather than speculative or minor considerations.

The other options do not capture the legal necessity of demonstrating clear evidence to justify the denial of bail in such serious cases. Elements like minor evidence, fair representation, and public consensus do not meet the stringent criteria set by law regarding bail in capital offenses.