Bail bond is an insurance policy that gives a defendant incentive to show up for court appearances. If a defendant fails to show, that individual forfeits the collateral that was put up for their release. The Eighth Amendment forbids the use of excessive bail (U.S. Const. amend. VIII). This does not mean that every defendant will be eligible. For particularly dangerous offenses, bail can be denied for reasons of safety. If a defendant has been known to not show up for court proceedings, the judge may also deny bail for this reason. Even with the protection of the Eighth Amendment, many defendants, especially those of low-income, are unable to afford bail. Meeting the requirements for bail has been a problem from what I have seen in the Athens-Clarke
There are sometimes conditions of bail, such as a bond, reporting to the police on a regular basis, restrictions on where the accused can go and whom they can see, and they may have to give up their passport. Bail laws create tension between the community interests and individuals’ rights and freedoms, as often certain members of the community do not deem the individual worthy of bail. This is evident through R V Silva [2014] NSWSC 148, where the accused was granted bail despite being accused of manslaughter. The government has attempted to relieve this tension by reform to the Bail Act 1978 (NSW), which enforced the Unacceptable Risk Test, preventing more serious offenders from being released on bail. The government relieves tension concerning bail laws by enacting law reform to protect society, however, this can restrict the rights and freedoms of individuals who are
In our country, hundreds of people are apprehended every day for misdemeanors crimes. Our local justice system will then charge these individuals with fines that can be as much as $2,000 or more. Failure to pay this said fine can immediately result in potential jail time. Yet, if you can pay your bail, you will spend no more than 24 hours in a local facility. Many of these people are poor, while the remainder of these people tends to be middle to upper-class citizens.
Prior to 28th January 2015, bail laws posed significant loopholes in the system and are deemed to be ineffective to achieve justice. Accused offenders may get away with bail based with evidence in the case if it does not seem to pose a threat to the community. The problem persists within the conditions set for their bail, as responsibility lies upon the magistrate or police to impose appropriate conditions. However, though conditions do vary, it possesses a significant risk if the conditions enforced were not strict enough, opening vulnerabilities for the accused to commit another crime, slipping through their enforced conditions.
The eighth amendment helps people stay safe, for those who are going to jury. The eighth amendment was ratified in 1791 and stated that, “Excessive bail shall not be required, nor excessive fines are imposed, nor cruel and unusual punishments inflicted.” This was made to help make sure that more amounts of bail money/property are not given to by excessive amounts, and that cruel or unusual punishments are not prohibited to any person going into court. Bail is where a certain amount of money is required to leave jail and is another way to ensure that you will go to a trial. Patrick henry and Holmes were people who pointed out that americans should have the right to not be torched. This amendment came into place due to the horrible
Once an offender is put into jail, they can be bailed out. Normally post bail is
In April 1963, the city of Birmingham, Alabama, was caught in the midst of massive civil rights protests. Protestors advocating for desegregation brought the city to a halt with widespread disruptive yet peaceful protests. After a circuit court placed an injunction against protesting, parading and picketing King was arrested for his involvement. While in jail King received a letter written by eight Alabama clergymen criticizing King for his disruptive protests and the breaking of laws which lead to his arrest. In response King wrote an open letter explaining his actions that would be known as “Letter from Birmingham Jail”. In his letter Dr. King effectively addresses an unsympathetic audience by focusing on building his credibility rather than seeking an emotional response.
The 8th Amendment to the United States Constitution protects the people from a government who may try to restrict or null your right to fair bail. The right restricts the judicial branch from performing any unfair procedures that can be directed towards a defendant, which is due process. Which is to state that the right to fair bail falls under due process because it is selectively incorporated in order to protect one’s unalienable rights of life, liberty, and property. The right guarantees that the defendant who is paying bail is given a fair/reasonable bail price.
In the Bill of rights it talks about the 1st amendment. The 1st amendment says “...or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press…” which means that we have the right to say what we want and we don’t have to talk to the press. This impacts our lives today by not being limited on what we can or can't say. The 3rd amendment says that no soldier can come into our homes without our approval. This impacts U.S. today by giving us more freedom and privacy. In the 8th amendment it talks about how “ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. What that is saying is high amounts of bail aren’t aloud, if it's over a certain amount you can’t
The process of bailing someone out of jail refers to the amount of money paid to the court to release the prisoner. Once the prisoner is released, the bail helps to ensure that the defendant shows up for their court date. A prisoner who doesn't show up for court can cause the bail to be forfeited. Often, defendants will show up for court because they don't want their loved ones to lose their money. Bail varies depending on the crime, the defendant's
If loved ones are arrested, a long legal battle is likely to follow, but the first step is getting them out of jail. A jail bond, more commonly called bail bond, is a way for police to ensure people facing charges will return for court if they are released from custody. A & J Coggins Bonding in Covington, GA, helps families in the surrounding area get their loved ones released from jail as quickly as possible so they can attend to more pressing legal matters, like fighting their charges.
This means in all cases, the accused person will enjoy the right to a quick and public trial by an unbiased judge of the state and county where the crime was committed. The county will be determined by law enforcement and the accused person has the right to be hold what they are accused of and able to confront witnesses against him/her as well as have the ability to call his/her own witnesses. The accused person has the right to have a lawyer to define him/her. The sixth Amendment does allow for equality because it allows a public trial without unnecessary delay, the right to a lawyer. The VII Amendment states, “Excessive bail shall not be required, nor cruel and unusual punishment inflicted. This means a large amount of bail will not be required to leave jail or a large amount of fines imposed on people who are guilty, or cruel punishment used on people who are in jail. Amendment Eighth does allow for equality because it prohibits cruel and unusual punishments, but also mentions “excessive
1: Before I begin, for those within the audience who are unsure of what bail is, it is the temporary release of a person awaiting trial. We imposed this very important question to you tonight because since its first introduction in 1978, there have been more than 85 amendments to the Bail Act. We, all together are going to investigate why, how and who pushed for these amendments and reforms.
There are crimes every single day in the United States. Some people are arrested for certain reasons. Those reasons may not always be clear, but due to the Fourth, Fifth, and Sixth Amendments, an individual is able to know his or her rights to better understand the arrest and the trial that is to come.
Eight Amendment- This amendment forbids the federal government from grand excessive bail, fines, and cruel and unusual punishments (Gabbidon & Greene, 2013).
When a defendant is arrested, one of our bail bondsmen will post the client’s bond. The defendant is then accountable to the bondsman until the case is over. If you don’t show up for your court case, fail to pay the bond, or get charged again while out on bond, our bondsmen can arrest you.