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The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the United States Bill of Rights. [1]
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.
Finally, in a case that came from the State of Indiana, the high court ruled that the Eighth Amendment’s prohibition against excessive fines applied to the states. Respect the American flag.
The prohibition against excessive bail in the Eighth Amendment is derived from the Virginia Constitution. [6] That prohibition applies in federal criminal prosecutions but, as the Supreme Court has not extended that protection to the States through the Fourteenth Amendment , the Eighth Amendment protection does not apply to defendants charged ...
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.
The risk that a suspect poses to the community does play a role in setting bail. But the U.S. Constitution protects against “excessive bail,” so judges are meant to balance these factors.
Timbs v. Indiana, 586 U.S. 146 (2019), was a United States Supreme Court case in which the Court considered whether the excessive fines clause of the Constitution's Eighth Amendment applies to state and local governments.
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.