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SDSU Cash Bail Decision the 8th Amendment of The US Constitution Discussion

1)Review the 8th Amendment with regard to bail. How does a judge make a decision regarding whether to allow someone bail? How much consideration should a judge provide to issues such as poverty and affluence, dangerous and nondangerous offenses and flight risks? How can a judge make an ethical determination of who should receive bail?

***Use the GCU Library for sources ( )

The DQ response must be at least 200 words and should have at least one reference in APA format

2) Write a 100-word response to each student in first person as if you were writing it to the students. Talk about how you agree with their ideas and add your own thoughts. Make sure it’s respectful.

Student 1) When someone is exercising a position of authority over others such as a judge, then it is highly probable that this individual has reasoning abilities enough to discern who should receive bail or not. Acquiring knowledge of this latitude should at least give you the comprehension to determine who is eligible for bail or not. Lester, (2005), notes how several states allow for bail to be considered unless “the proof is evident or the presumption is great” that the accused committed the crime charged, also taking into account that twenty states balance the weight of evidence against the accused; In addition, regarding evidentiary concerns, Lester also says that inquiry at the bail hearing should be limited to the defendant that poses a risk of flight or danger to the community, if any, and the amount of bail necessary to defend against those risks.

Greenstein, (2018), states that a judge technically complies with the code of judicial conduct when the bail decisions are within acceptable ranges, when they are applied equally to those similarly situated, and where all the relevant factors are considered by the judge on the record. Lester, (2005), mentions that a controversy exists as to whether there is an absolute right to bail or only a protection against excessive bail. Furthermore, Greenstein, (2018), helps but notice how a judge can make an ethical determination of who should be receiving bail by asking him/herself the following questions: was the amount too high for that offense? Were there alternatives to cash bail that could have been considered? Did the race of the accused affect the bail decision?


Greenstein, M. N. (2018). Judicial Ethics of Bail Decision Making. Judges’ Journal, 57(3), 40.

Lester, J. L. (2005). Presumed innocent, feared dangerous: the Eight Amendment’s right to bail. Northern Kentucky Law Review, 32(1), 1.

Student 2) This week’s CAT: may be used toward participation points. The Bible talks a great deal about forgiveness. Should a judge adhere to those standards or is the judges duty to the state and victims wishes. Take the following verse for example. Is there room for Biblical scripture in making bail decisions?

Romans 12:17

Repay no one evil for evil, but give thought to do what is honorable in the sight of all.


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