Submitted by cloud_coder t3_zysdw5 in news
IamLars t1_j298r15 wrote
Reply to comment by [deleted] in California deputy killed by driver, suspect dies in shootout by cloud_coder
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.
[deleted] t1_j29ddu0 wrote
[deleted]
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"
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.
IamLars t1_j2b49ba wrote
Bail is addressed in the amendment outside of cruel and unusual punishment.
HanaBothWays t1_j2b86bn wrote
Ah okay.
IamLars t1_j2bkxax wrote
Also, bail is not a fine. You get the money back if you don't turn into a fugitive.
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.
Viewing a single comment thread. View all comments