Legal Definitions - excessive bail

Excessive bail refers to a situation where a court sets an unreasonably high amount of money that a person accused of a crime must pay to be released from jail before their trial. The Eighth Amendment of the United States Constitution prohibits excessive bail, meaning that the amount should not be set higher than what is reasonably necessary to ensure the person will return for their court dates. The primary purpose of bail is to guarantee a defendant's appearance in court, not to punish them or keep them incarcerated indefinitely before they are proven guilty.

Here are some examples illustrating excessive bail:

• Example 1: Minor Offense with Disproportionate Bail

  Imagine a college student is arrested for shoplifting a small item, like a textbook, from a campus bookstore. The judge sets their bail at $500,000. This would likely be considered excessive bail because the alleged crime is a non-violent misdemeanor, and such an extraordinarily high amount is far beyond what would be necessary to ensure the student, who likely has ties to the community through their university, appears for their court dates. It effectively acts as a pre-trial detention rather than a guarantee of appearance.

• Example 2: Bail Used as Punishment

  Consider a local community organizer arrested for participating in a peaceful protest that briefly blocked a public sidewalk, a minor infraction. The judge, openly critical of the protest's message, sets bail at $1 million, stating, "This will send a clear message." This amount would be deemed excessive bail because the judge's stated intent is punitive—to "send a message"—rather than to reasonably ensure the organizer's presence at future court proceedings. The bail amount is disproportionate to the alleged offense and serves as a punishment before any conviction.

• Example 3: Unreasonable Bail for a Low Flight Risk Individual

  A single parent with a stable job, a mortgage, and no prior criminal record is accused of a non-violent misdemeanor, such as a minor traffic offense that escalated into a resisting arrest charge. Despite their strong community ties and low risk of fleeing, the judge sets bail at $100,000. This could be considered excessive bail because, given the individual's circumstances and the nature of the alleged crime, a significantly lower amount would likely be sufficient to ensure their court appearance. The high amount effectively denies them their freedom before trial, going beyond what is "reasonably calculated" for its intended purpose.