MBE Rules · Criminal Procedure
Bail — Eighth Amendment
Stack v. Boyle / Salerno
The rule
The Eighth Amendment prohibits excessive bail — bail set higher than reasonably necessary to ensure the defendant's appearance and community safety. There is no absolute constitutional right to bail; pretrial detention without bail is permissible on clear and convincing evidence that no conditions will assure appearance or safety (Bail Reform Act, upheld in Salerno).
In plain English
Bail may be denied entirely for dangerous defendants after an adversary hearing, but when set, it must be calibrated to legitimate purposes, not punitive.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.