Excessive bail

The excessive bail provision of the Eighth Amendment to the U.S. Constitution is based on an old English common law right of Englishmen and the British Bill of Rights. It is considered a fundamental right by the U.S. Supreme Court. Generally defined, excessive bail means "an amount of bail ordered posted by an accused defendant which is much more than necessary or usual to assure he/she will make court appearances, particularly in relation to minor crimes."