Jonah Patel
The Eighth Amendment of the United States Constitution prohibits excessive bail, protecting citizens from bail set at an unreasonably high amount. The history of this provision can be traced back to English common law and the English Bill of Rights, where sheriffs and judges often abused their power by setting impractically high bails. The Eighth Amendment ensures that bail amounts are reasonably calculated to ensure the defendant's presence at trial and prevent perceived wrongdoing, without placing excessive restrictions on the defendant. However, it is important to note that the Eighth Amendment does not guarantee a right to bail and does not restrict the factors considered when determining bail. While most US states have provisions to prevent excessive bail, the interpretation of what constitutes excessive can vary, leading to ongoing debates and legal challenges.
| Characteristics | Values |
|---|---|
| Excessive bail clause | Shall not be required |
| Excessive fines | Shall not be imposed |
| Cruel and unusual punishments | Shall not be inflicted |
| Basis of the clause | Old English common law and the English Bill of Rights |
| Right to bail | Not guaranteed by the Constitution |
| Factors determining bail | Risk of flight, danger to society, etc. |
| Bail Reform Act | Denies bail to certain defendants pending trial |
| Preventive detention | Allowed if the accused is a danger to the community |
| State provisions | Connecticut, Hawaii, Michigan, New Hampshire, New York, etc. have provisions against excessive bail |
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What You'll Learn
The Eighth Amendment
The Amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining pretrial release or as punishment for a crime after conviction. While the Amendment does restrict the amount of bail set, it does not restrict the factors that may be considered when determining bail. For example, the court may consider the risk of flight when determining the amount of bail.
The determination of whether bail is excessive under the Eighth Amendment is open to interpretation. Courts are expected to set bail amounts that are "reasonably calculated to ensure the asserted governmental interest". This interest can vary depending on the case, such as whether the defendant is a flight risk or poses a danger to society.
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Preventing excessive bail
The Eighth Amendment of the United States Constitution provides constitutional protection against excessive bail. Excessive bail is an amount of bail that is much more than necessary to ensure the defendant's presence at the trial, particularly in relation to minor crimes.
The Eighth Amendment does not, however, restrict the factors that may be considered when determining bail. For example, the court may consider the risk of flight when determining the amount of bail. The Bail Reform Act of 1984, upheld by the Supreme Court in United States v. Salerno, authorises preventive detention, where someone is denied bail because the court fears that if the accused is released, they will be a danger to the community.
In the case of Stack v. Boyle, the Court found that a defendant's bail cannot be set higher than an amount that is reasonably likely to ensure the defendant's presence at the trial. In this case, the Court found bail of $50,000 to be excessive, given the limited financial resources of the defendants and a lack of evidence that they were likely to flee before the trial.
Most US states have similar provisions for preventing excessive bail. For example, in Michigan, a judge or justice may be censured for setting 'grossly excessive' bail and thus showing a 'severe attitude' toward witnesses and litigants. In New Hampshire, a writ of habeas corpus may be used to change the amount of excessive bail; the bail must be "reasonable".
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Right to bail
The Eighth Amendment of the United States Constitution provides constitutional protection against excessive bail. Excessive bail is an amount set at a figure higher than is reasonably calculated to be necessary to ensure the defendant's presence at trial. The Eighth Amendment does not, however, restrict the factors that may be considered when determining bail. For example, the court may consider the risk of flight when determining the amount of bail.
The Eighth Amendment states:
> "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining pretrial release or as punishment for a crime after conviction. The notion of "cruel and unusual punishments" has been the subject of scrutiny, inquiry, and controversy.
The history of the phrase "cruel and unusual punishments" dates back to the English Bill of Rights in 1689, where such punishments were forbidden. The 1776 Declaration of Rights for the Commonwealth of Virginia also forbade cruel and unusual punishments. Despite these precedents, the initial version of the US Constitution did not forbid them.
In 1791, Congress passed a series of ten amendments to the Constitution known as the Bill of Rights, which included the Eighth Amendment. The Eighth Amendment was based on old English common law and the English Bill of Rights. In England, sheriffs originally determined whether to grant bail to criminal suspects, but because they tended to abuse their power, Parliament passed a statute defining bailable and non-bailable offenses.
The Eighth Amendment does not confer an absolute right to bail. For example, Section 3142 of the Bail Reform Act denies bail to certain defendants pending trial, specifically those likely to flee or pose a danger to society.
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Cruel and unusual punishments
The Eighth Amendment of the United States Constitution prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining pretrial release or as punishment for crime after conviction. The Eighth Amendment states:
> "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
The Eighth Amendment places a restriction on the amount of bail set, so bail cannot place excessive restrictions on a defendant in relation to the perceived wrongdoing. The amount of bail cannot be set to a figure higher than what is necessary to prevent the perceived wrongdoing. The Eighth Amendment does not, however, restrict the factors that may be considered when determining bail. For example, the court may consider the risk of flight when determining the amount of bail.
The notion of "cruel and unusual punishments" has been the subject of scrutiny, inquiry, and controversy. Historically, a citizen’s protection from such punishments dates back to the English Bill of Rights in 1689, where they were forbidden to be used. The 1776 Declaration of Rights also forbade it across the Commonwealth of Virginia. Despite these precedents, the initial version of the Constitution did not forbid “cruel and unusual punishments,” much to the concern of its critics.
The catalogued debates surrounding the nature of "cruel and unusual punishments" identified torture devices such as the rack, gibbets, and thumbscrews. This indicates that the punishments being outlawed by the Eighth Amendment included devices from the time period that had reputations and connotations for being excessive and cruel to the victim. Despite this apparent assertion, many other questions have been raised in response to the application of the Eighth Amendment, including how the death penalty relates to it.
Those who are against capital punishment have argued that it is a relic of the past and is, in itself, a "cruel and unusual" punishment, because the social standards of civility and morality have changed since the era of the Constitution's creation. Some new punishment practices, such as lethal injection or long-term solitary confinement, appear to pose a risk of excessive physical or mental pain. If a court were to find that their effect is significantly harsher than the longstanding punishment practices they have replaced, it could appropriately find them cruel and unusual.
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Bail Reform Act
The Eighth Amendment of the United States Constitution provides protection against excessive bail, which is bail set at a figure higher than an amount reasonably calculated to fulfil its purpose. However, the Eighth Amendment does not grant an absolute right to bail. The Bail Reform Act of 1984, upheld by the Supreme Court in United States v. Salerno, allows for the pretrial detention of a defendant if a judicial officer determines that no conditions exist to reasonably assure the defendant's appearance in court or the safety of others and the community.
Section 3142 of the Act denies bail to defendants pending trial who are deemed likely to flee or pose a danger to society. This includes defendants charged with a violent crime, an offence with a maximum sentence of life imprisonment or death, certain drug offences, or repeat felony offenders. The court conducts a special hearing to determine whether the defendant fits within these categories, and anyone who is not likely to flee and does not pose a danger must be offered bail.
The Act also sets out provisions for the release of a defendant pending trial, including refraining from the excessive use of alcohol or controlled substances, undergoing medical or psychiatric treatment, and executing a bail bond.
The Eighth Amendment restricts the amount of bail set so that it does not place excessive restrictions on a defendant in relation to the perceived wrongdoing. However, it does not restrict the factors that may be considered when determining bail, such as the risk of flight. While most U.S. states have provisions to prevent excessive bail, there have been cases where bail has been set at extremely high amounts, such as in Texas, where Robert Durst received a bail of $3 billion, which was later reduced to $450,000.
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Frequently asked questions
No, the US Constitution does not require that excessive bail be set. The Eighth Amendment to the US Constitution, which is based on old English common law, states that "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted".
Excessive bail is an amount of bail that is much higher than necessary to ensure the defendant's presence at the trial. The Eighth Amendment protects against excessive bail, but it does not provide an absolute right to bail.
Courts are expected to set bail amounts that are "reasonably calculated to ensure the asserted governmental interest". Factors such as the risk of flight and the nature of the crime may be considered when determining the amount of bail.
