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The Excessive Bail Clause of the Eighth Amendment to the United States Constitution prohibits excessive bail set in pre-trial detention. If a judge posts excessive bail, the defendant's lawyer may make a motion in court to lower the bail or appeal directly to a higher court.
The Eighth Amendment was adopted, as part of the Bill of Rights, in 1791.It is almost identical to a provision in the English Bill of Rights of 1689, in which Parliament declared, "as their ancestors in like cases have usually done ... that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
The U.S. Supreme Court found "that a defendant's bail cannot be set higher than an amount that is reasonably likely to ensure the defendant's presence at the trial.” It was determined that the $50,000 bail was excessive, given the lack of financial resources of the defendants and a lack of evidence that they were likely to flee before trial.
Bail is the amount of money required for the temporary release of someone who has been arrested and accused of a crime. It allows them to be released from jail and is primarily intended to ensure ...
The 8th Amendment to the United States Constitution states, "Excessive bail shall not be required", thus establishing bail as a constitutionally-protected right. [49] What constitutes "excessive" is a matter of judicial discretion, and bail can be denied if the judge feels that it will not aid in forcing the accused back to trial.
The movement to eradicate bail from America’s justice system will face a crucial test Nov. 3, when California voters will decide whether to end the centuries-old practice of trading money for ...
The justices also noted that median bail in California, $50,000, five times the national average. ... Bail bond companies keep a defendant's deposit, up to 10 percent of the bail amount, even if ...
Even for bail determination based on the danger posed by the defendant to the community, critics note that the government's definition of “dangerous” defendants who may not be allowed to go on bail have a tendency not to be dangerous or avoid their hearings at all, suggesting that the definition is too wide and needs to be reformed. [81]