Bail

Bail is defined as the sum of money an accused person may be required to pay to post as a guarantee that he or she will return to appear in front of the court 

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There are two reasons for bail:

1) To keep the accused out of jail until their guilt has been established 

2) To be able to prepare a defense case from outside jail

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The 8th Amendment says “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

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In the US, bail is issued based on the severity of the crime!

Bail (continued)

Under the US Constitution, not all people are entitled to bail.

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When a judge orders the accused to be held in jail, without bail, we call it PREVENTATIVE DETENTION. It is used when there is a fear the accused may commit another crime.

Critics of it say that it is punishment before trial and can negatively impact the defendants case.

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Defendants always have the option of appealing the denial of bail and the amount of bail.

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Jumping bail is another punishable crime.

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Some people are released from jail without bail.

This is called being released on your own recognizance - sometimes just shortened to O.R.

Capital Punishment

Capital Punishment is the proper term for the Death Penalty.

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It is often challenged as a violation of the 8th Amendment that says "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”

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The Death Penalty...

•Cannot be issued to someone who is 1) mentally ill or 2) under the age of 18 at time of crime

•Crime must result in the death of a victim

•Must be decided by the jury, not the judge - it is a 2 step trial!

• Trial 1 for guilt or innocence of the crime

• Trial 2 for death penalty vs other punishment (ex. life in jail) ​

•Lethal injection is most widely used. It is the federal method for conducting it

•Statistically, public opinion supports it, but in 2020 that number was at its lowest in a half century

•155 people have been exonerated (released) from "death row" since 1973​

*Critics say that these exonerations mean that we have put innocent people to death 

​Video (linked to classroom)

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The History of Capital Punishment in the United States

​Death Penalty by US State