Excessive Bail Violates the 8th Amendment
Within the criminal justice system, black people have been treated like partial citizens. Their rights have been violated in the implementation of punitive methods used to address non-conformist behaviors. Used to control the general population, the criminal justice system has been used to allow wealthy defendants to go free while poor defendants are left at the mercy of a biased system. The use of excessive bail has contributed to the justice gap in the criminal justice system.
The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (The Eighth Amendment, 2020).
Yet, excessive bail has often been set, depriving many citizens of rights guaranteed to them under the eighth amendment. What does excessive mean? The word excessive is a comparative word. We have to consider the excess by putting it into a clear context. For example, If I decide to eat pizza, how much pizza is an excessive amount? It depends on the individual, their daily nutritional needs, and their typical behavior. For me, 2–3 slices are normal. Anything outside that would be excessive. But there isn’t a one-size-fits-all approach regarding bail. Bail can be decided by a variety of factors but often fails to consider the individual’s financial tolerance. Bail is…
