What makes a bail excessive?

Asked by: Mr. Andy Bergnaum II  |  Last update: January 8, 2023
Score: 4.8/5 (66 votes)

In United States v. Salerno, 481 U.S. (1987), it concluded that bail is excessive when the amount is more than necessary to prevent the defendant from fleeing or posing a danger to society. It also stated that the Eighth Amendment

Eighth Amendment
The Eighth Amendment (Amendment VIII) to the United States Constitution prohibits the federal government from 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.
https://en.wikipedia.org › wiki › Eighth_Amendment_to_the_...
does not limit the factors a court can consider when setting bail amounts.

What factors affect bail?

Factors That Influence Bail Amounts

In addition to the seriousness of the charged crime, the amount of bail usually depends on factors such as a defendant's past criminal record, whether a defendant is employed, and whether a defendant has close ties to relatives and the community.

What qualifies as excessive bail?

Excessive bail is an amount of bail ordered to be posted by an accused defendant which is much more than necessary or usual to ensure they will make court appearances particularly in relation to minor crimes.

Is there a standard limit on excessive bail?

Under the Excessive Bail Clause, the Supreme Court has held that the federal government cannot set bail at "a figure higher than is reasonably calculated" to ensure the defendant's appearance at trial.

Why does the amendment ensure that bail is not excessive?

Bail also assists a defendant in preparing his or her case for trial, for it is far more difficult to consult with counsel when one is in police custody. The Eighth Amendment ensures that bail cannot be “excessive,” at an amount so high that it would be impossible for all but the richest defendants to pay it.

The problem with the U.S. bail system - Camilo Ramirez

26 related questions found

How does the Constitution define excessive bail quizlet?

What is EXCESSIVE BAIL? Excessive bail is the right that a judge can't make you make and excessive amount of money for a bail. What is CRUEL AND UNUSUAL punishment? Cruel and Unusual punishment is punishment that is excessive and inhuman.

What does no excessive fines mean?

The Eighth Amendment to the United States Constitution 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 ...

What is excessive punishment?

Disproportionate punishment asserts that a criminal punishment is too severe for the crime. Two criminal punishments garner many disproportionate punishment claims: capital punishment and punishment pursuant to three-strikes statutes.

What amendment is excessive bail?

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

What qualifies as cruel and unusual punishment?

Cruel and unusual punishment includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed. This concept helps guarantee due process even to convicted criminals.

What kind of evidence tends to prove a defendant's innocence?

Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt.

What law limits the right to bail for certain kinds of offenders?

The Eighth Amendment to the United States Constitution (which is binding on all states) requires that the amount of bail not be excessive. What this means is that bail should not be a way to raise money for the state or to punish a person for being suspected of committing a crime.

What are the three factors judges consider when setting bail?

The judge or magistrate decides the amount of bail by weighing many factors:
  • the risk of the defendant fleeing,
  • the type of crime alleged,
  • the "dangerousness" of defendants, and.
  • the safety of the community.

What are the factors a court considers when deciding bail?

the nature and seriousness of the crime; the character of the defendant, his/ her past criminal record, associations and ties with the community; the defendant's previous record of abiding by his/ her bail conditions; the strength of the evidence against the defendant.

Which of the following factors are not considered by judges in setting bail amounts?

Which of the follow factors are NOT considered by judges in setting bail amounts? Seriousness of the offense charged.

Do I have the right to bear arms?

The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Such language has created considerable debate regarding the Amendment's intended scope.

What does the 9th amendment mean in your own words?

The Ninth Amendment of the United States Constitution states that the federal government doesn't own the rights that are not listed in the Constitution, but instead, they belong to citizens. This means the rights that are specified in the Constitution are not the only ones people should be limited to.

What is the harshest sentence?

From 1,41,078 years for fraud to 32,500 years for rape, a look at world's longest prison sentences
  • Chamoy Thipyaso, living in Thailand, is known for receiving the world's longest prison sentence. ...
  • Gabriel March Granados, a 22-year-old postman from Spain, was sentenced to 3,84,912 years in 1972.

What are the 4 types of punishment?

The Types of Criminal Punishment
  • Retribution. ...
  • Deterrence. ...
  • Rehabilitation. ...
  • Incapacitation. ...
  • Restoration.

What is an example of a very harsh and severe punishment?

The definition of draconian is laws or punishments that are extremely severe or cruel. When someone is put to death for stealing $1, this is an example of a draconian punishment.

What does the 11th amendment mean in simple terms?

The Eleventh Amendment's text prohibits the federal courts from hearing certain lawsuits against states. The Amendment has also been interpreted to mean that state courts do not have to hear certain suits against the state, if those suits are based on federal law.

What is the purpose of the constitutional right to protection from excessive bail quizlet?

To protect the defendant in capital cases from excessive bail and cruel/unusual punishment or punishment that exceeds the crime.

What does the 14 Amendment say?

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

What requirements must be met in order for a person to be convicted of treason quizlet?

  • Right to remain silent.
  • Right to an attorney.
  • Right to have a trial.

What are three controversial factors with regard to bail?

Personal Status and Community Ties. When deciding bail, judges also consider the defendant's personal history, family situation, employment, status in the community, and wealth.