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Bail and Punishment laws are all covered in the Eighth Amendment.
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∙ 7y ago
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Is there a constitutional right to bail?
No. under UK legislation there is no right to bail, there is however, a presumption in favor of bail.
What amendment gives the right to no excessive bail?
Amendment 8
Which constitutional amendment guarantees the right to reasonable bail?
The Eighth Amendment. But it doesn't exactly address "reasonable" bail it only prohibits the imposition of excessive bail.
What amendment safeguards against excessive bail fine sand cruel and unusual punishments?
8th
This amendment guarantees there will be no excessive bail?
The 8th amendment guarantees that excessive bail may not be assessed.
What protects citizens from excessive bail?
The 8th amendment in the bill of rights prohibits excessive bail.
What does excessive?
Excessive bail is more bail than is required to guarantee the appearance of the accused in court.
What right does the Eight Amendment protected?
Amendment 8 forbids excessive bail, excessive fines and cruel or unusual punishment. "excessive", "cruel" and "unusual" are left undefined.
Where does Prohibition against excessive bail and fines can be found?
8th amendment to the constitution - also 8th on the bill of rights.
Does a person have a constitutional right to bond in a criminal case?
No. The Eighth Amendment states in part ". . .excessive bail shall not be imposed. . ." The federal courts have interpreted the Constitution to mean that persons accused of non-capital crimes have a right to bail, but that persons accused of capital crimes do not. The sole Eight Amendment right regarding bail is that it not be excessive. What is "excessive " is determined in light of all the circumstances surrounding the matter and cannot be given a fixed amount for each crime. Some states have passed laws or adopted constitutions that guarantee the right to bail in every case of an offense against that state's criminal law, whether it is capital or non-capital. The theory is that the US Constitution in prohibiting excessive bail impliedly means there must be bail of some sort. Being out on bail is important to our system guaranteeing a fair trial, preparing a defense, and not punishing accused persons who have not yet been found guilty of any crime. Excessive bail amounts would have the effect of keeping an accused person in jail in violation of those rights. If the government wanted to keep a person in jail before trial in violation of the accused's rights and if the imposition of excessive bail would have that effect, isn't complete denial of bail the same as excessive bail? So it is arguable that reasonable bail should be available in every case. Some accused persons would say that excessive bail is better than no bail at all, because at least there would be some hope of raising it. This is an instance where a state law seems to be in conflict with the US Constitution as interpreted by federal courts yet is not unconstitutional. This is because the Eighth Amendment gives individuals a personal right and if a state chooses to increase the scope of that right, it is free to do so. No state would be able pass a law that denied bail in serious, but not capital, crimes, such as bank robbery, because that would be contrary to Eighth Amendment rights to bail in all non-capital cases. A state may enlarge personal freedoms, but may not reduce them.
Rights to a civil jury trial as well as the right to be levied with excessive fines or bail?
have not been incorporated
Which Amendment forbids excessive bail and fines?
The eighth amendment to the United States Constitution prohibits excessive bail.
