The 8th Amendment provides that `Excessive liberate shall not be indigence , nor excessive fines imposed , nor cruel and unusual punishments inflicted Upon reading the try , it is clear that it does not in any manner kick a guarantee regarding the leaveing of a liberate to any soulfulness . It merely provides for the protection of the rights of an impeach against excessive bond paper . The aspiration of the framers of the law is to ensure that no person has to suffer feed for excessive bail and not that it would guarantee the grant of bail regardless of the offense charged . Thus , it can be said that whether the crime is a felony or misdemeanor , the ordinal Amendment cannot be used as basis to argue that an charge is entitled to bail on pre-trial .
The issue as to whether or not to grant bail lies at the discretion of the jurist after an examination of the facts and the determination of whether or not in that location is probable cause to believe that the accused is probably blameful of the offense charged and there is a possibility of the latter(prenominal) to chip off while at large . These factors should be interpreted comity of and when bail is granted , such must be coterminous with the offense charged . That is where the guarantee of the Eighth Amendment comes into playThe compulsory mash ruled upon the United States v Salerno case correctly The precept of the case provides that federal courts can deny the grant of bail if...If you want to get a full essay, modulate it on o! ur website: BestEssayCheap.com
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