The 8th Amendment to the United States Constitution states, "Excessive bail shall not be required", thus establishing bail as a constitutionally-protected right. What constitutes "excessive" is a matter of judicial discretion, and bail "can" be denied if the judge feels that it will not aid in forcing the accused back to trial. Money bail is the most common form of bail in the United States and the term "bail" often specifically refers to such a deposit, but other forms of pre-trial release are permitted; this varies by state.