Bail Issues in Criminal Law
Constitutionality of bail is set forth in the Eighth Amendment. Within this document one will find that through due process any excessive amount when bail is set is to be avoided.
There are specific mandates when a court seeks to set an appropriate bail and these can include:
- Safety of victims
- safety of society
- heinousness of crime
- crime that requires life sentence or death
Exceptions to Eighth Amendment
In some rare cases the court can seek to exempt he individual from having a bail as an option. One specific case is if the individual is facing the death penalty or life imprisonment. Typically these crimes are excessively heinous and allowing the defendant out before trial can usually result in their not coming to court.
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Excessive does not mean within Means
The Eighth Amendment requires that the amount of bail is to be sufficient to encourage the individual to come to court for their hearing. In no way does the clause concerning excessiveness mean that the bail must be within the financial means of the individual.
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Retaining an individual for many months or even years can be a violation of the person’s rights. If the individual feels that they are not being dealt with fairly and according to the law by the court, they should seek an attorney to lobby for their rights. An attorney can help with navigating the trial process and keep it rolling along smoothly.
For additional information and related articles, please visit the website of Rob Rowe attorney at law.