excessive bail
Disproportionate pretrial amount
Excessive bail is bail set at an amount higher than reasonably necessary to ensure a defendant appears for trial.
The Eighth Amendment to the U.S.
Constitution prohibits excessive bail, though courts have wide discretion in setting amounts.
What counts as excessive depends on the severity of charges, flight risk, and the defendant's financial resources: The judge set bail at two million dollars for a minor offense—clearly excessive.
- unconstitutionalViolating fundamental law
- Eighth AmendmentCruel punishment prohibition
- constitutional rightsLegally protected individual freedoms
- pretrialBefore case adjudication
- pretrial detentionCustody before court proceedings
detention · bond · jail · get out of jail · arraignment · release · defendant · flight risk · surety · cash · hearing · judge · courtroom · cruel · punishment · indigent · wealthy · discriminatory
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