A careful reading of the eighth amendment reveals that the constitution does not specifically provide that all citizens have a right to bail. rather, if bail is granted, it must not be "excessive," defined by the supreme court in stack v. boyle (1951), as an amount higher than reasonably calculated to ensure the defendants presence at trial. a right to bail, however, was recognized in common law and in statutes as early as 1789 for all those accused of committing noncapital crimes. in 1966, congress enacted the bail reform act, thereby creating a statutory presumption favoring pretrial release of federal arrestees. in most communities, the lower court judges have adopted what kind of bail schedule?

A fixed bail schedule.

Explanation:

Bail in the United States refers to the practice of releasing suspects from custody before their hearing, through payment of bail which is referred to as money or pledge of property to the court which may be refunded if suspects return to court for their trial. Bail practices in the United States vary from state to state. Fixed bail schedule is a form of schedule by which the Judge gives the defendant a bail bond to meet up with. A bail bond is an agreement by a criminal defendant to appear for trial or pay a sum of money set by the court. The bail bond is cosigned by a bail bondsman, who charges the defendant a fee in return for guaranteeing the payment.

The bail bond is a type of surety bond.

Bail reforms was enacted by a nearly unanimous Congress,40 the Bail Reform Act of 1966became effective on September 20, 1966. It signified the first major over-became effective on September 20, 1966. It signified the first major overhaul of federal bail law since 1789 when, by passage of the Judiciary Act, 41 the first Congress made bail a matter of right in non-capital cases.

By its terms, the Bail Reform Act fosters release of defendants, both be-ore trial and pending appeal, on terms except from financial bond. It does not totally erase a judge's right to require a money bond. 42 Under trial and pending appeal, on terms except from financial bond. It does not totally erase a judge's right to require a money bond. 42 Under Section 3146, by authority the judicial officer can impose whatever "conditions of release" he deems fit to insure the accused's appearance at trial. The factors that are considered when conditions of release are set comprises of community and family ties, employment, time period of residence in the community, previous convictions, financial capability the nature and circumstances of the offense charged, the weight of the evidence against the accused, and the defendant's record of appearance at previous court proceedings, including any prior flight risk flouted.

The clear reason of the Bail Reform Act is to make release without posting money bond the norm, not the exception.

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