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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 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.
Under the “Excessive Bail Clause,” bail should not be higher than that which is necessary to make sure the defendant appears at trial. Timbs v. Indiana applied Excessive Fines Clause to the states
Excessive bail shall not be required . . . . [4] Stack v. Boyle (1951) is the only case in which the Supreme Court has held the bail imposed to have been constitutionally excessive. There, the Court found $50,000 to be excessive in relation to the flight risk for impecunious defendants charged under the Smith Act. [12] In United States v.
The U.S. Constitution explicitly prohibits the use of excessive bail. That's because bail is intended to incentivize safe return to court – it’s not a mechanism of detention for the poor.
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.
United States v. Bajakajian (1998) is the first and only case in which the Supreme Court has declared a criminal fine constitutionally excessive. There, the government sought the forfeiture of $357,144 from Hosep Krikor Bajakajian solely as a penalty for not declaring that amount to Customs when leaving the country.
“Oh, fine. I’m pretty stable. I don’t get all shook up.” ... “‘Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.’ Know ...