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Money bail is the most common form of bail in the United States and the term "bail" often specifically refers to such a deposit, [50]: 2 but other forms of pre-trial release are permitted; this varies by state. Many states have a "bail schedule" that lists the recommended bail amount for a given criminal charge.
The pre-charge detention period is the period of time during which an individual can be held and questioned by police, prior to being charged with an offence. [5] Not all countries have such a concept, and in those that do, the period for which a person may be detained without charge varies by jurisdiction.
The bail system is further criticized for being arbitrary in how it is applied. [63] [79] Legally, bail determination is based on four factors: seriousness of the crime, ties to the community, the flight risk posed by the defendant, and the danger posed by the defendant to the community. California Penal Code section 1269b provides an example ...
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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.
In the United States, a pretrial services report is a document used by a judicial officer, typically a magistrate, in making decisions, e.g., about bail.In 2016, federal officers prepared 88,248 pretrial services reports, 97 percent of which were pre-bail reports. [1]
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."
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