Legal Definitions - excessive bail

Excessive bail is when a judge orders an accused defendant to pay a very high amount of money to be released from jail before their trial. This amount is much more than what is necessary to ensure that the defendant will show up in court. The Eighth Amendment of the United States Constitution protects against excessive bail, which means that the amount of bail cannot be unreasonably high. However, there is no absolute right to bail.

For example, if someone is accused of a minor crime like shoplifting, but the judge orders them to pay $1 million in bail, that would be considered excessive bail. This is because the amount of bail is much higher than what is necessary to ensure that the defendant will show up in court.

Another example is if someone is accused of a violent crime like murder and the judge denies them bail because they are considered a danger to society. This is not considered excessive bail because the judge is following the rules set out in the Bail Reform Act.

Overall, excessive bail is when the amount of bail is much higher than what is necessary to ensure that the defendant will show up in court. The Eighth Amendment protects against excessive bail, but there is no absolute right to bail.