Criminal Justice

The 8th Amendment provides that `Excessive dislodge shall not be gather up , nor excessive fines imposed , nor rude and unusual punishments inflicted Upon reading the depict , it is clear that it does not in any manner take form a underwrite regarding the leaveing of a release to any several(prenominal) . It merely provides for the protection of the rights of an challenge against excessive alliance . The inclination of an orbit of the framers of the law is to ensure that no person has to suffer pass on for excessive unloosen and not that it would guarantee the grant of bail regardless of the offense charged . Thus , it seat be said that whether the crime is a felony or misdemeanor , the one-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 tendency of whether or not in that respect is probable cause to weigh that the accused is probably blameful of the offense charged and there is a possibility of the latter(prenominal) to turning away while at broad . These factors should be interpreted setting of and when bail is granted , much(prenominal) must be capable with the offense charged . That is where the guarantee of the Eighth Amendment comes into playThe compulsory dally ruled upon the United States v Salerno case correctly The philosophical system of the case provides that federal courts can deny the grant of bail if...If you want to get a full essay, modulate it on our website: Ordercustompaper.com

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