Bail is determined based on a myriad of factors from the type of crime to the individual being convicted. The point of bail is to ensure the convicted shows up to court, so someone who is more of a flight risk will receive higher bail than someone with a job and strong ties to the community.
The Eighth Amendment states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Even so, bail can be as high as $1,000,000 in some situations. Judges will set such high bail to keep someone in jail until the trial is over, negating any risk of the convicted running and missing any court dates. The Supreme Court voted pretrial detention based on dangerousness constitutional in
1987, meaning, despite what the Eighth Amendment says, this practice is perfectly legal.
Judges can also use an algorithm to decide how much of a risk somebody is. Based on select information, the convicted will receive a score that will influence their bail amount. The algorithm assesses both the risk of missing court dates as well as the risk of the convicted committing another crime while out on bail.
Some people can be released without bail, or released on their own recognizance. Instead of posting bail, the convicted must simply sign a document promising to show up to court. Typically, people who are released without bail meet the following conditions:
- Having family that lives locally
- Having resided in the community for many years
- Having a job
- Having little or no past criminal record
- Having shown up to court on time for previous convictions