excessive bail

excessive bail
An imposition prohibited by both the United States Constitution and state constitutions, being bail set at an amount higher than reasonably calculated to insure that the accused will appear to stand trial, considering the factors of the ability of the accused to give bail, the nature of the offense charged, the penalty for the offense charged, the character and reputation of the accused, the health of the accused, the kind and strength of the evidence, the probability of the accused appearing at trial, the forfeiture of other bonds, and whether the accused was a fugitive from justice when arrested. 8 Am J2d Bail § 71.

Ballentine's law dictionary. . 1998.

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  • excessive bail — n. Bail set in an amount greater than that required to prevent the accused from fleeing, prohibited by the Eighth Amendment of the Constitution. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney… …   Law dictionary

  • Excessive bail — The Excessive bail provision of the Eighth Amendment to the United States Constitution is based on an old English common law right of Englishmen and the British Bill of Rights. It is considered a fundamental right by the Supreme Court of the… …   Wikipedia

  • excessive bail — The 8th Amendment to the U.S. Constitution, as well as the constitutions of the various states, prohibits excessive bail. Refers to bail in a sum more than will be reasonably sufficient to prevent evasion of the law by flight or concealment; bail …   Black's law dictionary

  • excessive bail — The 8th Amendment to the U.S. Constitution, as well as the constitutions of the various states, prohibits excessive bail. Refers to bail in a sum more than will be reasonably sufficient to prevent evasion of the law by flight or concealment; bail …   Black's law dictionary

  • bail — 1 / bāl/ n [Anglo French, act of handing over, delivery of a prisoner into someone s custody in exchange for security, from bailler to hand over, entrust, from Old French, from Latin bajulare to carry (a burden)] 1: the temporary release of a… …   Law dictionary

  • excessive — ex·ces·sive adj: exceeding what is proper, necessary, or normal; specif: being out of proportion to the offense excessive bail Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Bail — Bail, n. [OF. bail guardian, administrator, fr. L. bajulus. See {Bail} to deliver.] 1. Custody; keeping. [Obs.] [1913 Webster] Silly Faunus now within their bail. Spenser. [1913 Webster] 2. (Law) (a) The person or persons who procure the release… …   The Collaborative International Dictionary of English

  • Bail — Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and be guilty of the crime of… …   Wikipedia

  • bail — To procure release of one charged with an offense by insuring his future attendance in court and compelling him to remain within jurisdiction of court. Manning v. State ex rel. Williams, 190 Okl. 65, 120 P.2d 980, 981. To deliver the defendant to …   Black's law dictionary

  • bail — To procure release of one charged with an offense by insuring his future attendance in court and compelling him to remain within jurisdiction of court. Manning v. State ex rel. Williams, 190 Okl. 65, 120 P.2d 980, 981. To deliver the defendant to …   Black's law dictionary

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