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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:

Deductive Reasoning

A thought process wherein a verdict is reached through the consistency of numerous claims that are often regarded as correct.

Inductive Reasoning

An intellectual procedure where various propositions, all assumed to be true or generally true, are merged to derive a distinct outcome.

Confirmation Bias

The tendency to search for, interpret, favor, and recall information in a way that confirms one's preexisting beliefs or hypotheses, while giving disproportionately less consideration to alternative possibilities.

Mindfulness

The state of being alert and mentally present for one’s everyday activities.

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