Question

Under what circumstances should a criminal defendant be granted bail?  When might a criminal prosecutor wish to exercise discretion with allowing for bail? When might a judge refuse bail? What Constitutional amendment concerns bail and how is this amendment interpreted? 

Answer 1

Criminal defendant may be granted bail depending upon the circumstances and the seriousness in the offense. It can be exercised three stages of criminal preceding’s like- Initially during the pre-trial period, while imposition of sentence and at the time of pending appeal of sentence. There are various reasons behind the refusal of bail by Judge like penal code violations, prior escape from prison, judge suspect a flight risk or in conditions when the criminal is not consistently not appearing in court. The 8^th amendment in the United States constitution contains excessive bail clause and put stress on the constitutionality of bail. It prohibits the bail during the period of pre-trial detention and says that if such bail is exercised by the judge, the lawyer of defendant may appeal directly to the high court or make notion in court for lowering the bail.