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____38. The Sixth Amendment to the U.S. guarantees that defendants have the right to a public and speedy trial, as well as to: a) reasonable bail. b) protection from unreasonable search and seizure c) freedom of speech d) assistance of counsel e) the right to bear arms. ____40.
The Excessive Bail Clause of the Eighth Amendment to the United States Constitution prohibits excessive bail set in pre-trial detention. The Clause was drafted in response to the perceived excessiveness of bail in England. Excessive bail was also prohibited by the English Bill of Rights. If a judge posts excessive bail, the defendant's lawyer may make a motion in court to lower the bail or appeal directly to a higher court.