Criminal Justice

The 8th Amendment provides that `Excessive liberate shall not be indispensability , nor excessive fines imposed , nor cruel and unusual punishments inflicted Upon reading the furnish , it is clear that it does not in any manner restrict a guarantee regarding the leaveing of a unloose to any several(prenominal) . It merely provides for the protection of the rights of an impeach against excessive bond . The mark of the framers of the law is to ensure that no person has to suffer cook up for excessive bail and not that it would guarantee the grant of bail regardless of the offense charged . Thus , it can be said that whether the crime is a felony or misdemeanor , the eighth Amendment cannot be used as basis to argue that an impeach is entitled to bail on pre-trial .

The issue as to whether or not to grant bail lies at the discretion of the evaluator after an examination of the facts and the determination of whether or not there is probable cause to believe that the accused is probably blameful of the offense charged and there is a possibility of the latter(prenominal) to relief valve while at large . These factors should be interpreted experimental condition of and when bail is granted , such must be equal with the offense charged . That is where the guarantee of the Eighth Amendment comes into playThe compulsory move ruled upon the United States v Salerno case correctly The tenet of the case provides that federal cou rts can deny the grant of bail if...If you w! ant to get a full essay, modulate it on our website: BestEssayCheap.com

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