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IamLars t1_j298r15 wrote

Excessive bail is unconstitutional via the 8th amendment so a judge could not set bail for a homeless person at 5,000,000,000 because they wanted to.

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[deleted] t1_j29ddu0 wrote

[deleted]

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mohammedibnakar t1_j29ooou wrote

It's literally 15 words long.

"Excessive bail shall not be required, not excessive fines imposed, nor cruel and unusual punishments inflicted"

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[deleted] t1_j29sknp wrote

[deleted]

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IamLars t1_j29xnrq wrote

>The word excessive is open to interpretation

It's been litigated out, lol. You really just can't admit that you have no clue what you are talking about.

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HanaBothWays t1_j2b1iae wrote

The 8th Amendment is a dead letter ever since SCOTUS decided that a punishment has to be both cruel and unusual for it to be prohibited under the 8th - although I guess a billion-dollar fine would qualify.

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IamLars t1_j2b49ba wrote

Bail is addressed in the amendment outside of cruel and unusual punishment.

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HanaBothWays t1_j2b86bn wrote

Ah okay.

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IamLars t1_j2bkxax wrote

Also, bail is not a fine. You get the money back if you don't turn into a fugitive.

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HanaBothWays t1_j2bmqz2 wrote

Well, if you can’t afford it in the first place and are stuck in jail for a crime you didn’t commit or are forced to plead to a more serious crime than what you actually did, simply because you can’t afford the bail, that is really not good.

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