What is an "excessive bail" as discussed in the Eighth Amendment?

The concept of "excessive bail" as covered in the Eighth Amendment refers to a bail amount that exceeds what is necessary to ensure that a defendant will appear in court. The amendment protects individuals from being imposed with unreasonably high bail, which could effectively deny them the right to pretrial release due to financial inability. This principle is rooted in the idea that bail should serve its fundamental purpose—ensuring the defendant's attendance in court—without being so high that it punishes a person before their trial has even begun, violating the presumption of innocence.

In contrast to this, a standard bail amount across all cases lacks the flexibility needed to account for individual circumstances, such as the severity of the alleged crime or the defendant's flight risk. Similarly, bail determined by public opinion can lead to inconsistencies and prejudices unrelated to the judicial process. Lastly, while some discretion is given to judges when determining bail amounts, simply granting judges the ability to set bail does not imply that they can set 'excessive' amounts. The Eighth Amendment ensures that this discretion still respects the fundamental rights it intends to protect.