If you’re in a situation where you need to post bail, you may encounter the Eighth Amendment. It’s the shortest but among the most significant amendments to the U.S. Constitution, as it gives specific rights to those charged with or convicted of a crime. Here’s how it could protect you.

How It Protects Defendants

The Eighth Amendment is part of the Bill of Rights that prevents the imposition of excessive fines and bail as well as cruel and unusual punishment. Since its ratification in 1791, it became the subject of countless debates regarding its interpretation. Its essence, however, remains the same—to protect citizens who want to post bail or are imprisoned following a conviction.

As the defendant—or the person accused of a crime—you can gain temporary freedom through the posting of bail, an assurance that you’ll attend court hearings until the conclusion of your case. Under the amendment, an excessive bail amount is not allowed. Additionally, you won’t receive punishment deemed cruel and unusual, such as physical harm or any form of torture, during your incarceration.

What Does “Excessive” Mean?

The wording of the amendment is quite vague; it doesn’t explicitly state what constitutes as excessive in setting bail and fines. The term is relative and subject to various interpretations.

Typically, a judge will set the bail amount according to the severity of the charge and the possibility of the accused fleeing to avoid trial. For instance, an accused person with enough influence and financial resources is a flight risk and will require a higher amount of money to post bail compared to someone less affluent. Some wealthy individuals charged with serious crimes tend to find a way around this, leading to its subsequent abuse. In this case, a judge can deny the request for temporary freedom.

For a reliable bondsman in Cleveland, TN, trust Cumberland Bail Bonds Co. Founded in 1992, this family-owned and -operated bail bonds service is built on principles of fairness and trust for all residents of Tennessee. Just because you don’t have the money to post bail doesn’t mean you should remain incarcerated until trial. They’re committed to helping clients in need get back home to their family and friends. Find out more about the team and principles online and reach them anytime day or night by calling (800) 468-1161.