Tierney Blog

Maryland Attorney General Frosh Concludes Excessive Cash Bail Potentially Unconstitutional

Writing that "you can't imprison someone for poverty," Maryland Attorney General Brian Frosh opined that failure to be able to pay cash bail may well be unconstitutional under the 8th Amendment to the U.S. Constitution. While not legally binding, Frosh's Opinion has provided ammunition for those legislators seeking to reform the Maryland criminal justice system. Frosh's Opinion stated that a Judge or Commissioner "may not impose a financial condition set solely to detain the defendant," and some Maryland legal observers are calling Frosh's letter "revolutionary," in that it has shifted the debate on this important issue.

See: Maryland Attorney General Brian Frosh questions legality of bail defendants can't afford