Any time a person is arrested, they are entitled to a bail hearing. This hearing will determine the amount of money, if any, that must be paid upfront for a person to be released before their trial. The 8th amendment of the U.S. Constitution states that “excessive bail shall not be required” for a person to garner their own release, so the question of what constitutes excessive bail often arises when a person goes to trial. There is not a set monetary amount that is considered extreme, but if a person feels they are being unfairly burdened by their bail amount, there are legal recourses they can take.
Constitutional Rights
The 8th amendment was a part of the original U.S. Bill of Rights that was drafted in 1791, and it guarantees protection against excessive bail. However, a certain monetary amount was not provided for any specific crime, so the idea of what constitutes a disproportionate bail amount is very subjective. A fair bail amount is one that is considered reasonably sufficient to ensure a person does not flee prior to their trial. These amounts can often seem high without being excessive, but in these cases, bail bond agents can provide the necessary funding to garner a person’s release. What constitutes excessive bail may be difficult to determine, but there are important factors that should always be considered when making this determination.
The Right to Bail
Many people who are unfamiliar with constitutional law may assume that the eighth amendment guarantees a person bail. This is not accurate. The Constitution only provides that a bail amount cannot be more extreme than necessary to ensure a person’s return to trial. People charged with capital crimes, those punishable by life imprisonment or death, may be denied bail altogether. It is believed that no bail amount could ensure that certain people will return to trial when facing such extreme consequences. In these cases a judge may deny bail outright, thus guaranteeing the accused will sit in jail until their court date.
There are some instances when a bail amount may seem excessive, yet still be fully constitutional. A person of limited means may be given a $10,000 bail amount which is considered sufficient to ensure their return. However, a person who makes millions of dollars a year may not be sufficiently convinced to appear in court by paying that same amount. So even if these two defendants commit the same serious crime, the richer of the two may be given a bail amount far exceeding $10,000. Bail is meant to ensure the defendant’s presence at trial, and if an extremely high amount is deemed necessary, then it is considered legal.
How Bail Amount Is Determined
Bail amount is determined in a number of different ways, depending on the jurisdiction and the severity of the crime that has been committed. Generally speaking, factors such as the individual’s criminal history, past behavior while out on bail, and the potential threat they pose to society are taken into consideration when setting an amount.
What Constitutes Excessive Bail?
One of the most important considerations when determining what constitutes excessive bail is the nature of the crime itself. Serious crimes such as murder, rape, and other violent offenses often result in high bail amounts.
However, it is also important to consider the circumstances surrounding the crime. For example, if a person has a long history of criminal activity or displays extremely violent tendencies, it is likely that their bail will be set at a higher amount than what would otherwise be considered excessive.
Another factor to consider when determining what constitutes excessive bail is an individual’s financial situation. If someone has limited resources or is unable to post bail, they may be held in jail for an extended period of time. This can have a devastating impact on their life, making it difficult to maintain employment or support their family.
Legal Recourse to Excessive Bail
There are instances when higher courts may feel that a set bail amount is unwarranted. If a judge sets a bail amount that is either disproportionate to the crime, or more than necessary to ensure the accused returns for trial, then a defendant must take action. If the accused or their bail bond agent believes that bail is too much in a certain case, then they must notify a person’s attorney. A lawyer can make a motion in open court requesting that a bail amount be lowered. If this is unsuccessful, the attorney may appeal directly to a higher court.
Appellate courts do not always agree with a lower court’s decision. In the 1951 case of Stack v. Boyle, the U.S. Supreme Court found that a $50,000 bail amount was unwarranted to ensure that members of the Communist Party returned for their trials. The persons accused actually made a motion in court to reduce their bail and then appealed to another court when their motion was denied. Their appeal was also denied, which led to the case being heard by the Supreme Court. This shows that local courts cannot always be trusted to enforce the Constitution. When this is the case, it is important for the lawyer of the accused to work toward a lower bail amount to ensure their client’s rights.
Excessive bail is constitutionally illegal within the United States. There are instances when a person may feel their bail amount is unwarranted, but this doesn’t mean the legal system agrees. A particularly high bail amount should never just be accepted if it is superfluous. There are instances in American judicial history where excessive bail was set and overturned by other courts. Whether bail is set too high or not is often subjective, but anyone who feels that they are being unnecessarily burdened by their bail amount should try their best to remedy the situation legally.
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