ABSTRACT
The Eighth Amendment to the Constitution states that "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." The term "bail" refers to the money or bond put up to secure the release of a person who has been charged with a crime and faces pretrial incarceration. A bail bondsman posts the set amount with the court on behalf of the defendant in exchange for the payment of a nonrefundable fee. The Supreme Court addressed the issue of right to bail in Harris v. United States, 404 US 1232. The Supreme Court specifically considered the evaluation of a defendant's risk of fleeing in Truong Dinh Hung v. United States, 439 US 1326. The Court views the right to bail as a fundamental guarantee that must be protected.
