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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.
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.
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.
California Law Review was the first student-run law review in the Western United States. It is the ninth-oldest surviving law review published in the United States. A companion volume, the California Law Review Online, was launched in 2014, followed by a podcast in 2021. These publications feature shorter articles, essays, blogs, and audio content.
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 they ...
California, 370 U.S. 660 (1962), the Court decided a California law authorizing a 90-day jail sentence for "be[ing] addicted to the use of narcotics" violated the Eighth Amendment, as narcotics addiction "is apparently an illness", and California was attempting to punish people based on the state of this illness, rather than for any specific ...
Dec. 27—While the United States Supreme Court ultimately declined to review a 2017 lawsuit claiming the use of Cullman County's bail procedures unconstitutionally favor wealthier defendants ...
A federal judge on Friday temporarily blocked part of a Georgia law that restricts organizations from helping people pay bail so they can be released while their criminal cases are pending. U.S ...