NCJ Number
79006
Date Published
1980
Length
6 pages
Annotation
This information memorandum, prepared for the Wisconsin Legislative Council's Special Committee on Constitutional Bail Revision, summarizes briefly several Federal court decisions pertaining to excessive bail restrictions of the eighth amendment to the U.S. Constitution.
Abstract
Cases discussed include Mastrian v. Hedman, Stack v. Boyle, Carbo v. United States, United States ex rel. Estabrook v. Otis, Turco v. State of Maryland, and Carlson et al v. Landon. The report concludes that the proscription against 'excessive bail' in the eighth amendment does not guarantee a right to bail in every instance where a person is charged with committing a crime. It applies only where the crime is recognized as bailable by law. The traditional right to freedom before conviction is consistent with the presumption of innocence, permits the accused to prepare his or her defense, and serves to prevent the infliction of punishment prior to conviction. However, the right to release before trial is conditioned upon the accused's giving adequate assurance that he or she will stand trial and submit to sentence if found guilty. Bail set at a figure higher than the amount reasonably necessary to assure appearance is 'excessive.' Finally, a defendant may be released on bail pending the appeal of a conviction, but the considerations for determining the proper amount of bail are not limited to the risk of escape: they may also include the potential for interference with the orderly administration of justice and the threat to public safety. A denial of bail is not necessarily 'excessive' bail. (Author abstract modified)