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In Victoria, bail may be refused to a defendant who faces a more serious charge unless the defendant demonstrates compelling reasons why bail should be granted. [8] Compelling reasons may generally be established by demonstrating that jail is an unlikely outcome for the charge, or that bail conditions can be imposed that make re-offending unlikely.
Unsecured bail. This is a release without a deposit but it differs from ROR in that the defendant must pay a fee upon breaching the terms of the bail. This is typically called an "unsecured appearance bond". [56] Percentage bail. The defendant deposits only a percentage of the bail's amount (usually 10%) with the court clerk. [56]
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 rich can bail themselves out, even if they are likely to hurt someone or flee future court dates, while poor people—and disproportionately Black people—languish in jail, which often costs ...
The state legislature has also taken aim at bail, filing a number of bills to limit which offenses people can be charged with and allowed to be released on their own recognizance.
One example of a large bail requirement was a case in Texas where New York real estate heir Robert Durst received a bail of $3 billion. The Durst's lawyer appealed the bail to the Texas Court of Appeals. The court responded that "it could not find a case where bail was set, let alone upheld, at even 1 percent of any of the amounts against the ...
A bail-reform proposal that would allow certain low-level offenders in Miami-Dade to be released from jail without posting bond or seeing a judge has prompted some cities to preemptively oppose ...
United States v. Salerno, 481 U.S. 739 (1987), was a United States Supreme Court decision that determined that the Bail Reform Act of 1984 was constitutional, which permitted the federal courts to detain an arrestee prior to trial if the government could prove that the individual was potentially a danger to society.