What is the test for excessive bail under the Eighth Amendment of the United States?
California, United States of America
The following excerpt is from The People v. Fernandez, G042985, No. 07NF4051 (Cal. App. 2011):
The Eighth Amendment to the United States Constitution declares: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." The clause is "applicable to sentences for terms of years." (Lockyer v. Andrade (2003) 538 U.S. 63, 72.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for excessive bail under the Eighth Amendment of the United States? (California, United States of America)
What is the current state of the law on "cruel and unusual punishments" under the Eighth Amendment of the United States? (California, United States of America)
What is the current state's position on whether the First Amendment applies to the states through the Fourteenth Amendment due process clause? (California, United States of America)
What is the legal test for a defendant to challenge his sentence under the Eighth Amendment of the United States? (California, United States of America)
What is the current state of the law on excessive bail and cruel and unusual punishment under the Eighth Amendment? (California, United States of America)
What is the difference between the Eighth Amendment of the United States and the California Constitution on cruel and unusual punishment? (California, United States of America)
What is the test for a claim under the Eighth Amendment of the United States Constitution against cruel and unusual punishment? (California, United States of America)
Does the term "First Amendment" refer to both the United States Constitution and the California First Amendment? (California, United States of America)
Does the Court of Appeal have found that the excessive fines clause in the Eighth Amendment is unconstitutional? (California, United States of America)
If a complaint does not state a cause of action, but there is a reasonable possibility that the defect can be cured by amendment, can leave to amend? (California, United States of America)
