Evaluating the Legality of Cash Bail

Does It Violate the Eighth and Fourteenth Amendments?

Authors

  • Ryan Lang-Antonopoulos Writer/Editor

Keywords:

Cash Bail, Eighth Amendment, Fourteenth Amendment, Pretrial Detention

Abstract

This paper explores the constitutional concerns surrounding wealth-based detention in Florida's bail system, particularly involving the Eighth and Fourteenth Amendments of the United States Constitution. Florida’s current cash bail practices, which often lead to the pre-trial detention of individuals unable to afford bail, have drawn significant legal and ethical concerns. The paper analyzes the constitutional implications of these practices, considering both the Eighth Amendment's prohibition on excessive bail and the Fourteenth Amendment's guarantees of equal protection and due process. Reviewing relevant case law, including Bearden v. Georgia, Varden v. City of Clanton, and Pugh v. Rainwater, the paper highlights the tension between the need for the public safety of keeping criminals detained until their trial and the risk of wealth-based detention of indigent defendants. Furthermore, it examines recent legislative efforts in Florida, such as House Bill 1627, which seeks to tighten (impose stricter conditions for release, making it more difficult for certain defendants to be granted bail) pre-trial detention conditions while also considering alternative approaches to bail reform. The paper also includes an analysis of public perceptions regarding Florida’s bail system, revealing a notable lack of awareness among the public about the legal framework and its constitutional implications

Published

2025-05-19

Issue

Section

Articles