Deciding whom to release and whom to detain pending trial poses critical problems for American courts. The realities of the bail system in the United States reflect an attempt to strike a balance between the legally recognized purpose of setting bail to ensure reappearance for trial and the working perception that some defendants should not be allowed out of jail until their trial.
-What amendment to the Constitution prohibits excessive bail?

Question

Quizplus · Accepted Answer

The Eighth Amendment to the United States Constitution prohibits excessive bail, as well as cruel and unusual punishment. This amendment was ratified in 1791 as part of the Bill of Rights and is intended to protect individuals from being subjected to excessively high bail amounts that could be used to punish them before they were even convicted of a crime. The amendment requires that bail be set at a reasonable amount based on the nature of the crime and the individual's financial resources.

Deciding Whom to Release and Whom to Detain Pending Trial