In order to deny someone the _____ Amendment right to bail, the prosecution must convince the judge that preventive detention, or keeping the defendant incarcerated, is necessary to keep the public safe, protect evidence, or ensure that the defendant does not flee.

Question

Quizplus · Accepted Answer

The Eighth Amendment protects against excessive bail, but also includes the concept of preventive detention. In certain circumstances, a judge may deny a defendant the right to bail in order to prevent harm to the public, protect evidence, or ensure the defendant's appearance at trial. This is known as preventive detention and is allowed under the Eighth Amendment.

In Order to Deny Someone the _____ Amendment Right to Bail