The 8th Amendment
- in Laws
There are a variety of legal safety nets that have been placed within the judicial system that were designed to prevent the federal and state government from removing an individual’s personal liberties after they have been arrested. Unfortunately, these situations can become both convoluted and expensive in the blink of an eye, and this means that many of those that are arrested are unsure about their rights. This includes the Eighth Amendment which has provisions for “reasonable” bail after an arrest has been made.
The Creation of the Eighth Amendment
Going all the way back to 1791, the United States adopted the Bill of Rights as an essential document to protect the citizens of the emerging country. While a number of other major world powers such as England did have a Bill of Rights at this time, they often had glaring holes that led to nationwide abuses. These documents were supposed to include the notion of bail bonds for various crimes and then ensuring that the bail was set at a reasonable amount. Unfortunately, in England these laws were not adopted until a much later time, and those in the New World decided to add a provision for fair and reasonable bail within the Eight Amendment.
Setting bail for an alleged criminal is to ensure that the individual will show up to their trial if they are released from custody. The general idea is that bail will enforce that the defendant does in fact show up on their trial date, but the bail will be returned if they are found not guilty. One important fact to remember is that not all crimes will allow for bail, and it often comes down to the discretion of the judge as they wade through all of the facts. The type and severity of the crime will change how much the bail is set at or if it will be allowed at all. The bail is considered excessive if it is not proportionate to the severity of the crime or the likelihood that the accused will not appear for trial.
The Bail Bonds Process
Unfortunately, what is considered to be reasonable bail may not always be financially practical for the accused, and this is when a bail bond agent or bail bond agency will become necessity. Those that are either unable to pay for the bail or feel as if the bail is excessive should contact a bail bond agent as well as their legal representative immediately. Having one’s bail set at a fair amount is an extremely important right for all residents, and any violation of these rights can have a serious impact on society. When these violations are not opposed immediately, it will increase the chance that they will happen again at a later date.
The legal system can be both expensive and complicated for those that are not experienced. This is why it is so important for anyone accused of a crime to understand their rights and responsibilities, especially when it comes to the protection provided by the Bill of Rights.