The court also addressed the defendant's procedural due process argument, admitting that while the lack of any opportunity to be heard on the enumerated conditions imposed by the AWA Amendments raises a closer question under the Due Process Clause than under the Excessive Bail
Clause, (85) a Due Process Clause challenge as applied to the current facts could not be sustained.
A Brief History of the Excessive Bail
Clause of the
2) Those states had, in the wake of independence, created bills of rights that recited the historic prohibition of excessive bail
, excessive fines, and cruel and unusual punishments.
Defense attorneys often raise objections to what they perceive as excessive bail
in stalking cases.
Dean Stokka, a Lake Los Angeles resident who has known the Gentrys for eight years, said the Gentrys' bail violates constitutional prohibitions against excessive bail
As for "no excessive bail
or fines," OK, but where does it say anything about acceptable collateral?
Although pretrial detention for failure to post bond clearly implicates other constitutional concerns, (177) the Excessive Bail
Clause is the provision that speaks directly to pretrial detention, and the strongest case for a right to monitoring rests on it.
2) The statutory right of bail in enumerated cases laid out in the thorough treatment of the history of bail that the authors have found is Professor Caleb Foote's pointed account, given to support his (now outdated) argument that the Eighth Amendment's Excessive Bail
Clause incorporates a constitutional right to bail.
It read: "That excessive Bail
ought not to be required, nor
It includes provisions against excessive bail
and fines, fines and forfeitures imposed prior to conviction of a crime, and cruel and unusual punishment.
Part of his argument is that the difference in adjectives among the Excessive Fines, Excessive Bail
, and Cruel and Unusual Punishments Clauses signifies that while excessive fines and bail are barred, excessive punishments are not; the Framers "chose, for whatever reason, not to include within [the Eighth Amendment] the guarantee against disproportionate sentences that some State Constitutions contained.
shall not be required, nor excessive fines imposed nor cruel and unusual punishments inflicted?