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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 excessive bail provision of the Eighth Amendment to the United States Constitution is based on old English common law and the English Bill of Rights.
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 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.
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 ...
In 1966, Congress enacted the Bail Reform Act, which expanded the bail rights of federal criminal defendants by giving non-capital defendants a statutory right to be released pending trial, on their personal recognizance or on personal bond, unless a judicial officer determined that such incentives would not adequately assure the defendant's appearance at trial.
A constitutional amendment that tells judges how to set bail in criminal cases is passing overwhelmingly as votes come in..
Though other states have tried, Illinois is the first in the nation to eliminate cash bail as a condition of pretrial release for criminal defendants.
The incorporation status of the Excessive Bail Clause is unclear. In Schilb v. Kuebel (1971), the Court stated in dicta: "Bail, of course, is basic to our system of law, and the Eighth Amendment's proscription of excessive bail has been assumed to have application to the States through the Fourteenth Amendment." [14] In Murphy v.