8th Amendment And Right To Bail
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Bail can be defined as a guarantee that is deposited by an arrested person to a court in order to get out of the jail. This guarantee can be in the form of cash or any other equivalent to cash. Bail is provided by the court with an assurance from the defendant that he will appear in court whenever ordered to do so.
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Every country has its own set of guidelines detailed in the constitution for setting a bail. In the US, these guidelines are specified under the Eighth Amendment to the US Constitution.
Eighth Amendment of the US Constitution discourages setting of excessive bail or imposing excessive fines on a person who has been arrested. The primary objective of a bail is to provide freedom to an arrested person until he/she is found guilty and convicted for a crime. If there was no provision of bail, a suspect would have to spend a prolonged period of time in jail for a crime that he/she has not been convicted of committing. As per this amendment, bail should never be used by courts for the purpose of raising money for the government or as a means of punishing a person for being arrested as a suspect. Under this amendment, the amount of bail should not be more than what is necessary to keep a suspect from escaping.
Another issue addressed by the Eighth Amendment of the US Constitution is prohibiting issuance of any cruel and unusual punishment by the court to offenders such as capital punishment and life imprisonment. The Eighth Amendment also prohibits any incidence of corporal punishment in schools. According to this, physical force or violence cannot be used unnecessarily inside a school premises by any of the school employee unless there is any noticeable danger to any person or the property of the school.
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8th Amendment Right To Bail
