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The Bill of Rights was designed to protect the rights of citizens against the government, including those accused of criminal offenses. The Eighth Amendment is an often-overlooked provision designed to keep the federal government from using the justice system as a tool of oppression or maintaining control. In addition to preventing “cruel and unusual punishment,” this amendment also forbids excessive bail, essentially requiring that the punishment fits the crime.

The History of the Eighth Amendment

The English Bail System

Much of the Constitution was inspired by conditions in England, which the Framers wanted to avoid. Prior to the English Bill of Rights of 1689, bail amounts were set by local sheriffs, many of whom abused their authority by ordering defendants to pay enormous amounts or sit in jail indefinitely. Even after the Bill of Rights was signed and the power to order bail was transferred to the courts, many local courts found loopholes that allowed them to abuse their discretion.

The Eighth Amendment

bailTo avoid the conditions that allowed the English government to abuse its citizens, the Framers decided to include an amendment making excessive bail, disproportionate fines, and cruel and unusual punishment illegal. The First Congress included these protections in the U.S. Bill of Rights, which was then sent to the states and eventually ratified in 1791.

What Constitutes “Excessive Bail”?

In many states, bail amounts for some minor offenses are set by the legislature, eliminating the need for a judge’s intervention. However, when judges do have discretion, they’re required to set amounts at a reasonable level to ensure that the defendant shows up in court. If a judge orders bail of $100,000 for a minor misdemeanor, an attorney can demand that the bail is lowered as a matter of Constitutional law.


 

If a loved one is arrested and you need help securing their release, turn to the professionals at Godfrey Bonding any time, day or night. With 24-hour availability and a reputation throughout the Canton, GA, area for compassionate service, you can rely on them to get your family members out of jail as quickly as possible. Visit their website to learn more about bail bonds and how they work, or call (770) 479-5230 to schedule a free consultation today. 

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