Amicus brief says that 8th Amendment's ban on "excessive fines" does not have a corporate loophole.
Excessive Bail ; Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Annotations · “This traditional right to freedom before conviction permits the unhampered preparation of a defense, and serves to prevent the infliction of punishment prior to conviction. . . . Unless this right to bail before trial is preserved, the presumption of innocence, secured only after centuries of struggle, would lose its meaning.”1 “The bail clause...
1 Stack v. Boyle, 342 U.S. 1, 4 (1951). Note that in Bell v. Wolfish, 441 U.S. 520, 533 (1979), the Court enunciated a narrower view of the presumption of innocence, describing it as "a doctrine that allocates the burden of proof in criminal trials," and denying that it has any "application to a determination of the rights of a pretrial detainee during confinement before his trial has even begun." · 2 Carlson v. Landon, 342 U.S. 524, 545 (1952). Justice Black in dissent accused the Court of re...
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. “This traditional right to freedom before conviction permits the unhampered preparation of a defense, and serves to prevent the infliction of punishment prior to conviction. . . . Unless this right to bail before trial is preserved, the presumption of innocence, secured only after centuries of struggle, would lose its meaning.” 1 “The bail clause was lifted with slight changes fr...
Footnotes ; 1 · 2 · 3 · 4 · 5 · 6 · 7 · 8 · 9 · 10 · 11 The Court held that a criminal forfeiture, which is imposed at the time of sentencing, should be considered a fine, because it serves as a punishment for the underlying crime. Id. at 328. The Court distinguished this from civil forfeiture, which, as an in rem proceeding against property, would generally not function as a punishment of the criminal defendant. Id. at 330–32. 12 · 13
1. To give assurance that the defendant in a criminal trial will appear ; 2. To enable defendant to stay out of jail until a trial has found them guilty ; 3. To enable defendant to work freely with attorney to prepare for trial. ; 4. To prevent inflicted punishment prior to conviction
California, New York State, and even Texas are considering similar bills, as is Chicago. Has bail reform in America finally reached a tipping point? ; Before you reflexively snark, from the last link: ; Unsurprisingly, not everyone is a fan: New Jersey - Bail reform is killing our business, bail bondsmen say Texas - Bail bondsmen: Reform bill will drive us out of business
found no evidence that cash bail has an effect on a defendants likelihood of re-arrest or show up for their trial. "Our... that "excessive bail shall not be required, nor excessive fines...
Finally, in the Bill of Rights of 1689, it prohibited excessive bail. 13 In this country, the... to bail section: No mans person shall be restrained or imprisoned by any authority...
Excessive bail shall not be required, nor excessive fines... Defendants accused of capital offenses have no right to bail.... Usually the defendant must post 10% with a bail bondsman or...