Interpretation Excessive_Bail_Clause

1 interpretation

1.1 presence @ trial
1.2 preventive detention
1.3 incorporation

interpretation

the excessive bail clause governs federal pre-trial detention.

presence @ trial

in stack v. boyle, 342 u.s. 1 (1951), court found defendant s bail cannot set higher amount reasonably ensure defendant s presence @ trial. in stack, court found bail of $50,000 excessive, given limited financial resources of defendants , lack of evidence flee before trial.

preventive detention

preventive detentions when denied bail because court fears if accused released danger community. congress authorized preventive detention in bail reform act of 1984, , court upheld act in united states v. salerno, 481 u.s. 739 (1987). court held limitation imposed bail clause government s proposed conditions of release or detention not excessive in light of perceived evil.

incorporation

the incorporation status of excessive bail clause unclear. in schilb v. kuebel, 404 u.s. 357 (1971), court stated in dicta: bail, of course, basic our system of law, , eighth amendment s proscription of excessive bail has been assumed have application states through fourteenth amendment. in murphy v. hunt, 455 u.s. 478 (1982), court did not reach issue because case dismissed moot. bail included in list of incorporated rights in mcdonald v. chicago (2010) footnote 12, citing schilb.