The Founding Fathers had incredible foresight. They managed to create a system of government that was not only effective, but that resisted mob rule encouraged a well-read citizenry and demands/protects man’s basic freedoms. The system they left continues to be a well-structured system of government for a prosperous representative republic. Although many Presidents and policymakers have often misinterpreted the framers and created laws that are not always consistent with the founding principles, this country still holds it’s Bill of Rights and amendments in very high regard. Let’s take a look at the 8th amendment and how it might apply to you today.
8th Amendment: Excessive bail shall not be required, nor excessive fines imposed, no cruel and unusual punishments inflicted.
This amendment essentially has two main components. The first deals with excessive bail fines for a defendant that has yet to see his full and official day in court. The second is the component of cruel and unusual punishment, which prohibits the use of cruel punishments— the language has always been a point of debate; for, how does one measure cruelty or the state of being unusual?
The Roots
Like a lot of things in America, the bail law was derived from Anglo-Saxon England. In this time period, however, justice functioned a lot differently. Unlike today, criminal justice was handled privately; family members were expected to avenge their loved one’s death/crime. A private citizen could actually kill someone that was sentenced to “outlawry.” Gradually this brutal system turned to one that bartered money instead of chaos. The system evolved, but people often faced a common problem about how to keep the accused nearby while they await trial. That is, how do they keep them from disappearing?
In medieval England, the sheriffs had discretionary power on how to set bail. This system was ripe for corruption, bribes, and special favors. In early America, the colonists brought with them their enlightened ideas of law and justice along with previously held laws in England. Slowly, the framers formed their own conception.
The Reason for Bail
Part of the reason why bail exists today is to ensure the appearance of an accused individual at trial. It basically keeps the person in the same jurisdiction and ensures that they will show up to court when they are scheduled. The Framer’s thinking behind the 8th Amendment was partly to ensure that localities didn’t set bail excessively high—although this did not mean that bail had to be particularly affordable or even available to everyone.
Ongoing Debate
There has always been a strong debate about the bail law. Most recently the debate has argued that bail amounts often make it difficult for low-class individuals to comply and is, therefore, a discriminatory law. It is important to point out that the Framers never specified that there was a right to bail, but rather that the amount shall not be set excessively. In many cases, they left it up to the legislature to decide just which crimes could be bailable. Some attack money bail as unconstitutional not fully comprehending the reasons behind its actual implementation.
How It is Determined & the Varying Factors
A judge can actually refuse bail for a number of reasons. This can be due to excessive criminal history, a bad record of court non-appearances, and misconduct, etc. Judges can also consider a defendant’s financial status although it is not necessarily required. Some misdemeanors will have standard bail amounts, but the judge also has the discretion to raise or lower them based on circumstances and other factors.
Trust Freedom
The modern commercial bondsmen began emerging at the turn of the 20th century. Getting arrested is no picnic. There are probably a thousand questions popping up through your head in those moments. You don’t want to spend any time in jail as you wait your trial. Freedom Bail Bonds wants to help you to be secure in your wait until your court