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Why Bail is Constitutionally Protected

A judge may order a defendant to pay a certain amount of money first to act as a bond so that they can secure release. The US constitution guarantees basic protection of bail laws and rights. A bondsman company can help you understand more about bail constitution protection.

Eighth amendment

According to the eighth amendment in the bill of rights in the US, the constitution prohibits excessive bail requirements and fines. It prohibits torture and excessive punishments of defendants. Through the eighth amendment, defendants enjoy protection from spending time in custody before trial. Since they also enjoy protection from excessive bail amount, they can use the available financial resources to hire a professional defense team.

Why bail is constitutionally protected

Previously, it was up to the courts to set bail amounts. The parliament observed that there was a growing abuse of power, especially in setting bail, and on fines, and punishments of offenders. To protect the defendants from exploitation, granting bail now enjoys constitutional protection. The Bill of rights is similar to the English bill of rights as it seeks to prevent the exploitation of the defendant.

bail constitution

The guiding principle in the eighth amendment is that there are bailable offenses and non-bailable offenses. Again, it states that excessive bail is not necessary. Through a defense lawyer, you can get an appropriate bail. They understand the law and will negotiate with the court to get you to bail within a short time after arrest. Mentally ill or defendants who are minors also benefit from constitutional protection. The argument is that any punishment or fines on them may not be productive since they may not understand the crime, and reason for punishment.

Cruel and unusual punishment is also incorporated in the eighth amendment and offers protection to defendants. Professional bail bondsman companies and attorneys’ main role is to help clients understand constitutional rights especially those regarding bail.

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