If excessive bail is imposed the defendant stays in jail.

They would be protected from excessive bail or cruel and unusual punishments.

The case regards the Eighth Amendment issue of excessive bail.

Excessive bail was also prohibited by the English Bill of Rights.

Most U.S. states have similar provisions for preventing excessive bail.

The Eighth Amendment, as the majority notes, states that "excessive bail shall not be required."

Likewise, the Constitution does insist that "Excessive bail shall not be required."

Finally, the English Bill of Rights (1689) held that "excessive bail ought not to be required."

Excessive bail, e.g. $50,000 for loitering, was often set as well, a violation of the Eight Amendment.

The same amendment prohibits "excessive bail" but, as currently interpreted by the Court, allows total denial of pretrial release.