What Is Considered Excessive Bail?
When accused of a crime and arrested, defendants have a right to have bail considered. The bail is also not allowed to be considered "excessive."
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What is Bail?
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Bail is a promise to the court that, upon release, the defendant will appear to answer charges against them. Bail can be a "promise" to appear (called "own recognizance," or "O.R.") or a lien on property (property bond,) or other types such as citation release (written ticket from police officer.) Bail often involves either posting the whole amount in cash, or posting 10% and having a bail bondsman agree to cover the remainder.
How Bail is Determined
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Bail is determined by the courts. The judge considers such factors as the seriousness of the crime, the past criminal history of the accused, the probability or proof they committed the crime, how long they have been in custody, and their financial circumstances. Most importantly, the court must believe they will appear.
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Exceptions to Bail
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American law typically considers individuals to have the right to bail. There are some exceptions. A bail bond may be refused if it is for failing to pay old fines (instead fines must be paid in full for release) or if the death penalty may be imposed. State law determines the offenses that are "unbailable."
8th Amendment
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The Eighth Amendment of the U.S. Constitution requires that bail not be excessive. "Excessive" legally means that it can not be used to raise money or profit for the government, or to punish by the large amount involved.
Considerations
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Bail is meant to allow the accused freedom unless or until convicted. Therefore, the amount must be a reasonable amount, no more than necessary to keep him from fleeing before guilt can be determined. Since the amount is decided based on the "facts of the case," there is no set amount for each crime.
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References
Resources
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