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To: brityank
"Excessive bail shall not be required" doesn't begin to address the question of when bail of any amount must be an option for the accused. I read it as meaning that when bail is set at all, it may not be set at levels that only the rich could come up with -- not as requiring bail setting as a matter of course. Obviously we have many cases where bail is denied completely on the basis that the accused is a "flight risk", even if the crime was non-violent (e.g. financial crime); it is also frequently denied for very violent criminals (but then again it often ISN'T). So I don't think the 8th Amendment accounts for the widespread practice of setting bail (often very low, as in this case) for people who are obviously guilty or dangerously insane.
30 posted on 01/07/2003 7:38:04 PM PST by GovernmentShrinker
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To: GovernmentShrinker; TaZ
Well, here's a start:
In medieval England, methods to insure the accused would appear for trial began as early as criminal trials themselves. Until the 13th century, however, the conditions under which a defendant could be detained before trial or released with guarantees that he would return were dictated by the local Sheriffs.x As the regional representative of the crown, the sheriff possessed sovereign authority to release or hold suspects. The sheriffs, in other words, could use any standard and weigh any factor in determining whether to admit a suspect to bail. This broad authority was not always judiciously administered. Some sheriffs exploited the bail system for their own gain. Accordingly, the absence of limits on the power of the sheriffs was stated as a major grievance leading to the Statute of Westminster.xi

The Statute of Westminster in 1275 eliminated the discretion of sheriffs with respect to which crimes would be bailable. Under the Statute, the bailable and non-bailable offenses were specifically listed.xii The sheriffs retained the authority to decide the amount of bail and to weigh all relevant factors to arrive at that amount. The Statute, however, was far from a universal right to bail. Not only were some offenses explicitly excluded from bail, but the statutes' restrictions were confined to the abuses of the sheriffs. The justices of the realm were exempt from its provisions.

History of Bail
Bail is to guarantee appearance in court, while granting latitude to provide for obtaining witnesses and testimony. There are a number of footnotes for you to pursue.

As for terrorist bail; cement shoes and a bucket in the Mariannas Fault, and they can work on their own bail. ;^)

33 posted on 01/07/2003 8:56:46 PM PST by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional.)
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