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re: How does Trump’s half billon dollar bond in NY not violate the 8th amendment?

Posted on 3/21/24 at 5:43 am to
Posted by Marye
Member since Oct 2020
450 posts
Posted on 3/21/24 at 5:43 am to
quote:

I hope both Leticia James and Egeron rot in hell.


I would rather they suffer the harshness of a thousand suns
in that hell throughout infinity.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
26146 posts
Posted on 3/21/24 at 5:45 am to
quote:

and FTR the 8thA relates to bail, fines, and punishments. Period.


We are getting our wires crossed. 8A applies to civil fines in they can not be excessive but it does not apply to the appeal bond process as it has survived constitutional scrutiny. I have said multiple times (at least twice ITT) that the argument is the excessive fine. I thought I made that clear. I get the argument that if an appellant wins they still lose financially if they have to or choose to post the bond using a surety company. Losing even when winning is simply a part of our legal system. Bonding agencies don't refund the bonding fee if a person is acquitted. A defense attorney doesn't refund the million dollars if their client gets found not guilty of capital murder. If you get sued for malpractice your malpractice carrier doesn't get their legal cost paid on your behalf back if you prevail.
Posted by BBONDS25
Member since Mar 2008
48968 posts
Posted on 3/21/24 at 6:07 am to
quote:

An appeal bond has nothing to do with bail. It also has nothing to do with the 8th Amendment.


Yikes. Didn’t you say you were an attorney?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425823 posts
Posted on 3/21/24 at 6:56 am to
quote:

We've had a couple of ?lawyers? incorrectly jabbing posters on the 8thA relating to criminal rather than civil law.

When people are citing the wrong kind of bond

Like this post, the one I originally replied to:

quote:

Lulz

Proving yet again that most libtards arent very smart
quote:

quote:

When a person is booked into jail, he or she has to go before the judge who then decides the terms and conditions of that particular person's bail order. In case of a person who can be released from jail, a bond order has to be granted by the judge. There are two types of bonds - secured and unsecured. A secured bond means that you actually pay money or bail property to secure your release.



that is indisputably a reference to criminal law. Hence why I replied to you, "Not what I replied to (which was a post about criminal bail/bond)."

quote:

Issues of preverdict criminal penalties morph with similar problems in the civil system. They are birds-of-a-feather.

Not the bond aspect. There is no overlap in bail/bond in criminal matters (which permits your release from custody and secures your appearance at court) and an appeal bond (which is the security you put up during an appeal to suspend the execution of a civil judgment).

quote:

One would surmise the refusal to grant a jury trial for such a massive fine would run afoul of the Constitution.

I don't think there is any such requirement for a state action. Someone can correct me, but I don't know of any purely regulatory actions that permit a jury (there are a LOT of regulatory actions so it may exist somewhere).

Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425823 posts
Posted on 3/21/24 at 6:58 am to
quote:

Not that he's stupid, he's just a tired old shite poster that prefers to attack people/groups rather than attack or defend ideas or principles.

Well that's because we can't even discuss ideas/principle with all of the incorrect mud used to form the bricks of "arguments" these days.

This thread is a perfect example of that, with the mis-use of "bond". You have to clarify the difference, explain the difference, and have people like Rob admit they were wrong and accept the difference. THEN you can have the discussion.
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
20938 posts
Posted on 3/21/24 at 7:08 am to
The actual lawyers in this thread are running circles around the rest of you and you don't even know it. The appeal bond isn't illegal or analogous to a bail bond.

Just stick to the obvious: this entire process was concocted to damage Trump and prevent him from being president again. If he had never entered politics none of these lawsuits would have been filed.
Posted by scottydoesntknow
Member since Nov 2023
2329 posts
Posted on 3/21/24 at 7:16 am to
quote:

I could tell you the answer but it would not satisfy your confirmation bias. If you want to know the answer go to law school and get the answer for yourself.


Lawyers are just modern day Pharisees and religious shysters. They think rulings by unelected people is law. We cant just judge the plainly written Constitution for ourselves, we must rely on their interpretation of it.
This post was edited on 3/21/24 at 7:17 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
425823 posts
Posted on 3/21/24 at 7:22 am to
quote:

They think rulings by unelected people is law. We cant just judge the plainly written Constitution for ourselves, we must rely on their interpretation of it.

If the recent discussions about the ruling protecting the 2A show us anything, y'all can't do this, either.
Posted by scottydoesntknow
Member since Nov 2023
2329 posts
Posted on 3/21/24 at 7:23 am to
quote:

The actual lawyers in this thread are running circles around the rest of you and you don't even know it.


I think Jesus described lawyers perfectly:
So you must be careful to do everything they tell you. But do not do what they do, for they do not practice what they preach. 4 They tie up heavy, cumbersome loads and put them on other people’s shoulders, but they themselves are not willing to lift a finger to move them.
Posted by scottydoesntknow
Member since Nov 2023
2329 posts
Posted on 3/21/24 at 7:26 am to
quote:

If the recent discussions about the ruling protecting the 2A show us anything, y'all can't do this, either.


The 2A is pretty clearly stated to me...but my mind isnt tainted by legalese, self-indulging snobbery
Posted by Whiznot
Albany, GA
Member since Oct 2013
7024 posts
Posted on 3/25/24 at 1:01 pm to
The appeals court just reduced Trump's bond to $175 million. There's a slight chance that Donald can come up with the reduced amount.
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