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Should Trump Be Given Bail?
You be the judge
The Eighth Amendment to the U.S. Constitution guarantees that persons arrested cannot be given “excessive bail.” The intent of this amendment, which is part of the Bill of Rights, is to ensure people who are arrested are able to get out of prison so they can adequately prepare their defense.
Judges are given guidelines they must follow when setting the bail amount. They are prohibited from setting the bail at a level beyond the guidelines and making it “excessive.” For instance, a judge would not be able to set the bail amount at $100,000 for a petty offense. The amount of bail must be aligned to the level of crime committed.
Judges also are able to deny bail for a variety of reasons. If the accused is not a U.S. citizen, a judge can deny that person the right to post bail. Likewise, if a person is a repeat offender or a habitual criminal, the judge can deny bail in those circumstances as well.
The third reason a judge can deny bail is if the accused is deemed a flight risk. In other words, if the judge feels that there is a high likelihood that the defendant has the means to flee and avoid prosecution, they can deny them bail.
