The concept of “excessive bail” is frequently found in legal documents and laws, yet it is seldom understood by business professionals without an in-depth knowledge of the law. Essentially, the term “excessive bail” refers to the amount of bail set by a court in a criminal case that is considered to be excessive when compared to the crime committed and the financial status of the defendant.
The Eighth Amendment of the U.S. Constitution states that no excessive bail shall be required. This means that the bail amount must not be set so high as to be unaffordable by the defendant and therefore place them in indefinite detention without any chance of defending themselves in a court of law.
A classic example of an excessive bail amount was the case of former 3M Executive Andrew Zyre. In his criminal trial, the judge assigned Zyre a $2 million bail bond. Despite Zyre’s regular work salary of over $600,000, the cost of the bond was still excessive and it was ultimately reduced to just under $200,000.
Excessive Bail – Its Implications
The implications of excessive bail are far-reaching. It goes beyond just the financial aspect of being able to pay such a large amount. It also affects the public’s perception of the justice system. When high bail amounts are placed on people for minor offenses, it can give the appearance of the court trying to make an example out of the defendant as opposed to simply making sure the defendant shows up to their trial.
It can also lead to wrongful convictions and punishment for those individuals who cannot afford the bail. Many defendants have been jailed for months or even years before their trial date simply because they could not pay their bail.
Excessive bail is a concept that should be carefully considered by lawyers and judges alike. By setting reasonable bail amounts that are in line with the accused’s financial means, it helps promote justice and fairness for all parties involved.