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A Careful Reading of the Eighth Amendment Reveals That the Constitution

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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.
-In most communities, the lower-court judges have adopted what kind of bail schedule?


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