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A Careful Reading of the Eighth Amendment Reveals That the Constitution

question 74

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A careful reading of the Eighth Amendment reveals that the Constitution does not specifically provide that all citizens have a right to bail. Rather, if bail is granted, it must not be "excessive," defined by the Supreme Court in Stack v. Boyle (1951) , as an amount higher than reasonably calculated to ensure the defendants presence at trial. A right to bail, however, was recognized in common law and in statutes as early as 1789 for all those accused of committing noncapital crimes. In 1966, Congress enacted the Bail Reform Act, thereby creating a statutory presumption favoring pretrial release of federal arrestees.
-How many forms of bail are available to a defendant?


Definitions:

Challenge For Cause

A request during jury selection for the removal of a prospective juror based on specified reasons indicating the juror cannot be impartial.

Voir Dire

A legal procedure in jury selection where attorneys question prospective jurors to identify potential biases or conflicts of interest.

Ethical Challenge

A situation where an individual faces a dilemma between different moral imperatives, forcing them to choose a course of action.

Peremptory Challenge

a mechanism in jury selection that allows attorneys to reject certain jurors without stating a reason.

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