# On the matter of bail (particularly as it relates to the Waukesha suspect) **URL:** \ **Category:** In My Humble Opinion\ **Created:** [November 24, 2021, 1:03pm UTC](https://boards.straightdope.com/t/on-the-matter-of-bail-particularly-as-it-relates-to-the-waukesha-suspect/954877 "2021-11-24T13:03:05Z")\ **Posts on this page:** 5\ **Page:** 2
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [November 27, 2021, 11:17pm UTC](https://boards.straightdope.com/t/on-the-matter-of-bail-particularly-as-it-relates-to-the-waukesha-suspect/954877/21 "2021-11-27T23:17:01Z")
> [@Keeve](#): > > Without expressing my opinion on any of this, I will simply attempt to answer this factual question. Is there a reason bail has to be set? Yes, there is: > > > [quote=“Eighth Amendment to the U.S. Constitution”] > > Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.[/quote] Does that mean that as a constitutional matter, there must always be a cash bail option, so if you’re wealthy enough, you can always get out? Can there not be other options, or must there always be a cash option? ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [November 27, 2021, 11:19pm UTC](https://boards.straightdope.com/t/on-the-matter-of-bail-particularly-as-it-relates-to-the-waukesha-suspect/954877/22 "2021-11-27T23:19:21Z")
> [@SanVito](#): > > That’s kinda what happens in the UK. Bail isn’t a cash bail, it’s a set of procedures you need to follow whist awaiting court (such as curfew, handing over your passport, or wearing an ankle tag etc). If the judge/magistrate thinks you’re a danger to the public or will skip bail, you’ll be held on remand in prison until your trial. This is much like how it works in Canada. In addition to these types of conditions, there is an option for cash bail, but it must be put up by either the accused or family members. It’s a criminal offence for someone to put up bail for profit. ---
**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\ **Post date:** [November 27, 2021, 11:21pm UTC](https://boards.straightdope.com/t/on-the-matter-of-bail-particularly-as-it-relates-to-the-waukesha-suspect/954877/23 "2021-11-27T23:21:25Z")
> [@Northern\_Piper](#): > > Is that in addition to cash bond, or in substitution for it? Either could apply. A judge could release a person on their own recognizance, but issue a curfew, for example. Or include additional conditions along with a bond amount. And some bond conditions are mandated - in a case with a victim, there will be a “no contact” order (meaning, any direct or indirect contact with the victim would be a new law violation, and a basis to revoke bond) regardless of how much of a bond is levied. ---
**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\ **Post date:** [November 28, 2021, 2:17am UTC](https://boards.straightdope.com/t/on-the-matter-of-bail-particularly-as-it-relates-to-the-waukesha-suspect/954877/24 "2021-11-28T02:17:39Z")
> [@wolfpup](#): > > One possibility is that said wealthy individual would be assessed a much higher bail, or denied bail altogether, which contravenes the principle of equality under the law. I think that, in the Wisconsin situation, some excuse would always be found to lock up the defendant awaiting trial. Ghislaine Maxwell has been in jail for something like 17 months, denied any bail even though I don’t see much risk she would repeat her alleged crimes if allowed out. There’s a good fairness argument against cash bail, but it applies more to low-publicity sorts of crimes. Jail before conviction should be an extreme last resort generally reserved for murder charges. ---
**Author:** ![Mk\_VII](https://avatars.discourse-cdn.com/v4/letter/m/5f9b8f/32.png) [@Mk\_VII](https://boards.straightdope.com/u/Mk_VII)\ **Post date:** [November 28, 2021, 11:13pm UTC](https://boards.straightdope.com/t/on-the-matter-of-bail-particularly-as-it-relates-to-the-waukesha-suspect/954877/25 "2021-11-28T23:13:30Z")
Here (England) there is a rebuttable presumption that everyone will get bail unless there are articulable reasons why not (may abscond, may commit further offences, may interfere with witnesses). Asil Nadir ([Polly Peck - Wikipedia](https://en.wikipedia.org/wiki/Polly_Peck)) was released on bail sureties of £250,000 put up by his friends; when he fled to the Turkish half of Cyprus they were called on to pay up (though I think his bail had technically lapsed so they may not in the end have paid out) [Previous page](https://boards.straightdope.com/t/on-the-matter-of-bail-particularly-as-it-relates-to-the-waukesha-suspect/954877.md?page=1)