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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."
Upon their arrest and on motion of the government to increase bail in the case of other petitioners, bail was fixed in the District Court for the Southern District of California at $50,000 for each person. [3] The petitioners then moved to reduce bail under the Eighth Amendment, claiming that it was excessive.
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.
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 ...
Bail is required to ensure the defendant will come back to court if they are released. When there is either a public safety risk (e.g. accusations of violent crime) or a risk that the defendant won't show up to court (e.g. the defendant has a history of not showing up to court), the judge will deny bail and require the defendant to stay in custody.
In recent years, the criminal justice system in California has undergone significant changes, and one of the most concerning is the trend toward Zero Bail. In recent years, the criminal justice ...
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 ...