Page 247 - Beers With Our Founding Fathers

A Patriot’s view of the history and direction of our Country

Eighth Amendment

Protections in Bail, Fines and Punishment
The Eighth Amendment applies to the criminal justice system.

Bail is provided for in crimes as a guarantee and promise by the
defendant to be present in court for all hearings and trials. The

amount of bail is dependent on the jurisdiction, charges, and
defendant’s history – the flight risk. Bail is often in excess of the

defendant’s ability to pay, hence the services of a bail bond agent.
For a fee, usually 10-20% plus collateral equal to the balance, this

agent will guarantee the bail with the courts. Regardless of who
paid the bail, in the event the defendant failed to appear, the bail is

forfeited to the court. For lesser crimes and defendants of low flight
risk, a ‘personal recognizance’ bond could be set. This is a no cash

bond and is simply a personal guarantee to appear. In some
jurisdictions, property can be promised to the court in lieu of bail.

In all cases, failure to appear subjects the defendant to arrest,
including by the bonding agent.

As has been demonstrated repeatedly in this work, the
commoners – and later colonists – were not treated the same as the

ruling class and nobility, or their fellow citizens in England. The
oppressed in both eras were denied bail, or it was so excessive as to

be de facto denied and resulted in incarceration until trial – which
without the benefit of a speedy trial, became at the will of the

crown – de facto cruel and unusual punishment without the benefit

of adjudication. For the colonists, although their brethren were
treated more fairly judicially, in the colonies the judicial system –
from illegal searches and seizures to bail, and trial to punishment –

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