Excessive Bail and Fines

Definition

These are disproportionately large amounts of money set as bail or fines, which violate the Eighth Amendment's prohibition against cruel and unusual punishment.

Analogy

Imagine you accidentally break your friend’s pencil and they demand you buy them a whole new pack as compensation. That would be excessive – much like setting bail or fines too high for minor offenses.

Related terms

Bail: A sum of money used as a security deposit to ensure that an accused person returns for his or her trial.

Eighth Amendment: Part of the Bill of Rights that prohibits federal courts from imposing unduly harsh penalties on criminal defendants, either as price for obtaining pretrial release or as punishment for crime after conviction.

Fine: A monetary penalty charged by government authorities as punishment for some kind of offense, typically criminal behavior but sometimes also regulatory violations.