Which article and section of the Idaho Constitution establishes the right to bail?

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The right to bail in Idaho is established in Article 1, Section 6 of the Idaho Constitution. This section explicitly addresses the rights of individuals regarding bail, stating that excessive bail shall not be required, nor shall excessive fines be imposed, nor shall cruel and unusual punishment be inflicted. The provision is significant as it underscores the fundamental principle that pre-trial detention should not be overly punitive and that individuals have the right to secure their release under reasonable conditions while awaiting trial. This reflects a commitment to ensuring individual rights and maintaining the presumption of innocence prior to conviction.

The other articles and sections mentioned do not pertain to the right to bail. Article 2 primarily covers civil liberties and rights, while Article 3 deals with the separation of powers within the government. Article 1, Section 2 specifically discusses the natural rights of individuals, and Section 4 covers due process. These sections establish important legal principles but do not directly address the specific topic of bail rights. Thus, Article 1, Section 6 is the correct and relevant reference for understanding the constitutional provision regarding bail in Idaho.

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