Final answer:
The question revolves around the legality of bail and the function of a bondsman, who provides bail for a defendant in exchange for a fee. The Eighth Amendment prohibits excessive bail, while the non-appearance of a defendant in court can result in the forfeiture of the bond signed by the bondsman, who assumes the risk and has an incentive to ensure the defendant's attendance at trial.
Step-by-step explanation:
The subject of the question pertains to the legal framework surrounding bail and the role of a bondsman in the criminal justice system. The Eighth Amendment of the United States Constitution states that "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted". This constitutional protection ensures that the amount of bail set by the court should not be more than necessary to ensure the defendant will return for trial.
Bail is a form of security, typically a set amount of money, that is paid to the court to ensure that the defendant appears in court for their trial. If a defendant is unable to afford the bail amount, they may seek the assistance of a bondsman, who provides the bail money on behalf of the defendant in exchange for a non-refundable fee, often around 10% of the total bail amount. Once the bondsman signs the bond and pays the bail, the court assumes that the defendant will attend all required court appearances, and therefore will not set aside a forfeiture if the defendant fails to appear, as the bondsman assumes that risk.
If the defendant does not show up to court, the bond is forfeited, and the bondsman may lose the money they fronted unless they can ensure the defendant's court appearance. This system creates a financial incentive for the bondsman to make sure the defendant attends their trial.