Which of the following best describes the bail provision in Wyoming?

• A. Bail may be set arbitrarily.
• B. Bail is required for all offenses, regardless of gravity.
• C. Bail shall not be excessive and shall be granted in all cases.
• D. Bail is optional in all cases.

Answer: (C)

Wyoming’s bail provision centers on preventing unnecessary pretrial confinement by guaranteeing that bail is not excessive and that individuals have the opportunity for release. The idea is to keep the system fair and humane: the amount of bail should be reasonable, tied to ensuring the defendant appears for trial and protects the public, not used as a punishment. Saying that bail should not be excessive and should be granted in all cases captures both safeguards—the limit on exploitative or punitive bail and the right to release when appropriate. Other descriptions conflict with these protections: bail cannot be set arbitrarily, it isn’t reasonable to require bail for every offense without exception, and saying bail is optional ignores the constitutional aim of avoiding undue pretrial detention.