First signed into law in 1791, the Eighth Amendment to the Constitution. The amendment had several purposes. It was intended, above all, to protect residents of the United States from excessive and inhuman treatment within the criminal justice system in the United States. For example, it was strictly illegal to use the horses to draw and quarter a prisoner as a punishment for a crime.
Perhaps one of these violations that the Eighth Amendment tried to eliminate from the criminal justice system was the use of disproportionate bail as a way of imprisoning non-accused persons for especially egregious crimes. In the past, disproportionate bail has been used as a way of holding people locked up indefinitely for even minor crimes. If you are looking for more tips, check out Connecticut Bail Bonds Group.
The Rule on Unnecessary Bail
The portion of the Eighth Amendment dealing with this procedure is known as the excessive bail clause. The rule on excessive bail from the British Bill of Rights was partially built on the basis of common law. Although British law has no authority in the United States, judges and politicians often use it as an influence when developing American legal rules in cases where there is no connexion to current U.S. statutes or common law cases.
The common law in England wad evolved partly because of the persecution by sheriffs who had the right to set bail at whatever amount they chose after an arrest. The actual monarch made other abuses which required the right to keep a prisoner without bail indefinitely. That was abolished by a bill passed by Parliament in 1628.
Stack v. Boyle in 1951 was the major case that regulated the interpretation of the Eighth Amendment with respect to the participation of proceedings. This decision established the legal precedent that a person’s bail must be set at an amount that is only fair enough to guarantee that they are present at trial. A bail set at $50,000 in this case was found to be unconstitutional based on the occupation and monetary resources of the defendant.
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