Excessive Bail

An amount of bail which is set at a higher figure than is reasonably calculated to fulfill the purpose of assuring that the accused will stand trial and submit to sentence if found guilty. 342 U.S. 1, 4. Excessive bail is prohibited by the Eighth Amendment to the United States Constitution and by the constitutions of the various states. The prohibition against excessive bails has been held to forbid a person from being capriciously held, by demanding bail in such amount that there is in fact a denial of bail where a right to bail exists. 342 U.S. 524, 544. The prohibition against excessive bail has been held not to confer a right to bail on anyone but to provide only that if bail is permitted it may not be set at an excessive amount. 416 A. 2d 137. See also detention.