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Like the Sixth Amendment, the Eighth Amendment deals with the administration of criminal justice. The Eighth Amendment reads as follows:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
This is how bail works: When federal officials arrest someone suspected of having committed a crime, they are required to take him promptly to a federal magistrate whose job includes the setting of bail. The bail must be reasonable in amount, which obviously depends on many factors, such as the seriousness of the crime, the defendants ties to the community, and the defendants financial condition. The magistrates decision is obviously a discretionary one but it can be appealed to the federal court of appeals.
If the defendant posts the bail, he promises to appear at trial. If he fails to do so, he forfeits the bail and is then subject to a new ...