Excessive bail is generally considered to be bail set at an amount that is significantly higher than necessary to ensure that the defendant appears at trial and does not pose a danger to the community. The determination of whether bail is excessive involves considering the nature of the offense, the defendant’s financial resources, and other relevant factors.

Here are key points that define excessive bail…

Constitutional Protections

• Eighth Amendment (U.S.) – The Eighth Amendment to the U.S. Constitution prohibits excessive bail, stating, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
• Judicial Precedent – Courts interpret and apply this constitutional protection, taking into account various factors to determine what constitutes excessive bail.

Factors Considered

• Nature and Seriousness of the Offense – More serious crimes may justify higher bail, but it should still be proportionate to the offense.
• Risk of Flight – Bail is set to ensure the defendant’s appearance at future court dates. Higher flight risk can justify higher bail, but it must not be punitive.
• Danger to the Community – If the defendant poses a danger to the community, higher bail may be warranted to mitigate that risk.
• Defendant’s Financial Resources – Bail should be set in an amount that the defendant can reasonably be expected to pay. Bail that is unaffordable to the defendant can be deemed excessive.
• Defendant’s Ties to the Community – Strong family, employment, and community ties reduce flight risk and may justify lower bail.
• Prior Criminal Record – A history of failing to appear in court or other criminal behavior may influence bail decisions but should be balanced against other factors.

Case Law Examples

• Stack v. Boyle (1951) – The U.S. Supreme Court ruled that bail set higher than an amount reasonably calculated to ensure the defendant’s presence at trial is excessive under the Eighth Amendment.
• United States v. Salerno (1987) – The Court acknowledged that bail could be set high to prevent danger to the community, but it still must not be excessively punitive.

Practical Considerations

• Alternative Measures – Courts can consider non-monetary conditions of release (e.g., electronic monitoring, travel restrictions) as alternatives to high bail.
• Review and Adjustment – Defendants have the right to request a review of their bail amount. Judges can adjust bail if new information or changed circumstances warrant it.

Excessive bail is bail set at an unreasonably high amount, considering the nature of the offense, the risk of flight, the danger posed to the community, and the defendant’s financial circumstances and community ties. Courts are guided by constitutional protections and case law to ensure that bail serves its purpose without being punitive or unaffordable. Defendants have the right to challenge excessive bail through legal motions and appeals.