Alabama Constitution Section 16 - Right to bail; excessive bail.
Alabama Constitution – Section 16: Right to bail; excessive bail
Text of Section 16:
"That all persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great; and that excessive bail shall not in any case be required."
🔍 Explanation:
Section 16 of the Alabama Constitution ensures the right to bail for individuals who have been accused of crimes, except in certain serious cases:
Right to Bail: Most accused individuals are entitled to be released on bail before their trial, provided they can provide "sufficient sureties" (financial or property guarantees).
Exception: This right does not apply in capital offense cases (e.g., murder punishable by death) if the evidence is strong or presumption of guilt is great.
Excessive Bail: The government cannot impose an unreasonably high bail amount as a way to keep someone in jail unfairly.
⚖️ Legal Impact:
Protects the presumption of innocence until proven guilty.
Prevents abuse of judicial power by setting unreasonably high bail amounts.
Allows courts to deny bail only in the most serious and well-evidenced cases.
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