bail

(bāl)

1. Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial.
2. Release from imprisonment provided by the payment of such money.
3. A person who provides this security.

1. To secure the release of by providing security.
2. To release (a person) for whom security has been paid.
3. Informal. To extricate from a difficult situation: always bailing you out of trouble.
4. To transfer (property) to another for a special purpose but without permanent transference of ownership.

jump (or skip) bail

1. To fail to appear in court and so forfeit one's bail.

[Middle English, custody, from Old French, from baillier, to take charge of, from Latin bāiulāre, to carry a load, from bāiulus, carrier of a burden.]

(bāl)

1. To remove (water) from a boat by repeatedly filling a container and emptying it over the side.
2. To empty (a boat) of water by bailing.

bail out

1. To parachute from an aircraft; eject.
2. To abandon a project or enterprise.

[From Middle English baille, bucket, from Old French, from Vulgar Latin *bāiula, water container, from Latin bāiulāre, to carry a load.]

(bāl)

1. The arched hooplike handle of a container, such as a pail.
2. An arch or hoop, such as one of those used to support the top of a covered wagon.
3. A hinged bar on a typewriter that holds the paper against the platen.
4. The pivoting U-shaped part of a fishing reel that guides the line onto the spool during rewinding.

[Middle English beil, perhaps from Old English *bēgel or of Scandinavian origin.]

(bāl)

1. Chiefly British. A pole or bar used to confine or separate animals.
2. Sports. One of the two crossbars that form the top of a wicket used in the game of cricket.

[Old French dialectal, probably from Latin baculum, stick. See bacillus.]

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For more information on bail, visit Britannica.com.

noun

1. Money supplied for the temporary release of an arrested person that guarantees appearance of that person for trial: bond. See law.
2. One who posts bond: bailsman, bondsman. See law.

verb

To take a substance, as liquid, from a container by plunging the hand or a utensil into it: dip, lade, ladle, scoop (up). See give/take/reciprocity.

phrasal verb - bail out

To catapult oneself from a disabled aircraft: eject, jump. See approach/retreat.

In addition to the idiom beginning with bail, also see make bail; out on bail; skip bail.

When a person has been arrested and charged with the commission of a crime, there is inevitably an interval of time before trial. Bail relates to the defendant's right to freedom during this interval. It involves a pledge of money, property, or a “signature bond” as security that one will be available for trial when requested to appear. Failure of the defendant to appear may result in the forfeiture of the bail. The person who puts up the money is also known as the bail.

The right to bail is deeply rooted in English law and practice. That bail must be in a reasonable amount was established by Parliament with the enactment in 1689 of the Bill of Rights, which declared that “excessive bail ought not to be required.” This principle was incorporated into the Eighth Amendment of the U.S. Constitution, which decrees that “excessive bail shall not be required.” Most state constitutions also forbid excessive bail.

The purpose of bail is to free the accused during the period of time before trial, while at the same time requiring sufficient surety to make it reasonably certain that he will present himself for trial or punishment as ordered. A competent court or magistrate accepts the undertaking that the bail will pay to the state a specified sum that will be forfeited if the accused fails to make the required appearance.

There are compelling reasons why persons accused of crime should be allowed to be free on bail, after arrest and before trial. The right to bail implements the basic presumption of innocence that the law assumes for every person charged with crime. An accused is presumed to be innocent until actually convicted, and like all innocent people does not belong in jail.

Furthermore, to allow a person accused of crime to go free on bail permits unhampered preparation of a defense. The defendant retains one's job and thus is able to provide family support and contribute to the cost of a lawyer. There is also a chance to put personal affairs in order, and an opportunity to cooperate more meaningfully with counsel. Many studies of pretrial detention show that prolonged detention seriously increases the chances of conviction.

For the federal courts, the underlying law requiring bail is found in the Bail Reform Acts of 1966 and 1984, and in rule 46 of the Federal Rules of Criminal Procedure. Each state has a body of statutes and court decisions that also define the right to bail in state courts (see Federalism). The 1966 Bail Reform Act created a presumption favoring pretrial release. However, the 1984 act, reflecting different priorities, emphasized the need to protect community safety and authorized judges to refuse bail to persons who pose a grave danger to others. This is known as preventive detention. The 1984 act was upheld by the Supreme Court in United States v. Salerno (1987). The Court ruled that preventive detention was not a punishment for dangerous individuals but an attempt to address the serious problems of crimes committed by persons who have been released on bail.

The judge or magistrate fixing bail must take into account the nature and circumstances of the offense charged, the weight of the evidence against the accused, family and community ties, employment stability, financial resources, character and mental condition, and any previous record of appearance at court proceedings. Most importantly, in assessing the danger of fleeing from the court's jurisdiction, the judge must make an assessment of the accused's ties to the community. After conviction, the defendant usually has a right to appeal, but bail after conviction is not a matter of right, since the presumption of innocence can no longer be claimed.

Forfeiture of bail does not give the accused any immunity from being tried for the offense in question. Bail is designed to secure appearance at trial and submission to the judgment of the court. It is not designed as a satisfaction for the offense.

The judge or magistrate dealing with bail necessarily exercises a large discretion. The judge's decision will not be set aside by a reviewing court unless there is a strong proof of an abuse of that discretion. The judge is ordinarily in the best position to evaluate the facts of the crime.

Until recently bail bonds were furnished by private bail bondsmen who collected a 10 percent fee from the defendant in return for posting bond. They had extraordinary powers to capture those who “jumped bail” and did not appear in court as required. Widely viewed as a source of corruption, the bondsman system has been replaced in some states by a bail system run by the courts themselves. Based on the assumption that the sole purpose of bail is to assure the defendant's appearance in court, bail reform efforts have stressed the likelihood that most persons will appear as required. Wherever possible a defendant—one with a job and strong ties to the community, and not charged with a serious violent crime—can be released on his or her own recognizance. Alternatively, a signature bond can be posted, which requires no cash down payment but which must be paid if the defendant fails to appear. Beyond that, if bail money is deemed necessary, the defendant can obtain it from the court by posting a small down payment; most of that down payment is returned upon appearance. This makes bail affordable to most people and eliminates the profit motive of the private bondsman. The work of the Vera Institute of Justice in New York City in the 1960s was the catalyst for the bail reform movement. A shift in public attitudes away from defendants' rights and toward reducing crime has slowed but not halted bail reform.

See also Due Process, Procedural; Eighth Amendment.

— David Fellman

1. The wall of an outer court of a feudal castle.
2. A hinged loop that is used for lifting.

Bail is a pledge of money given by an accused person as security that he will appear in court for trial when requested. Bail enables the accused person to be out of jail during the period of time between the person's arrest and receipt of charges and the person's trial. Failure of the accused person to appear for trial may result in loss of the bail.

The 8th Amendment to the U.S. Constitution says, “Excessive bail shall not be required,” thus assuring an accused person a fair opportunity to be free on bail. Permitting a person to be free on bail allows him to retain employment and income while awaiting trial. It also gives the defendant ample opportunity to prepare a defense to the charges. However, bail is usually denied to those accused of firstdegree murder or other heinous crimes.

Sources

• Vincent Buranelli, The Eighth Amendment (Englewood Cliffs, N.J.: Silver Burdett, (1991)

Bail is money or property, usually in the form of a refundable bond, that a defendant posts with a court to obtain his or her release in exchange for a guarantee of appearance later for trial. The right originated in English common law, and both the English Bill of Rights of 1689 and the Eighth Amendment to the U.S. Constitution prohibit "excessive bail," that is, an amount greater than necessary to prevent flight by the accused. In Stack v. Boyle (1951), the U.S. Supreme Court affirmed the importance of bail in protecting the presumption of innocence of defendants and allowing them to prepare for trial, while acknowledging that traditionally bail has been denied altogether in capital cases.

To relieve the financial burden bail places on low-income defendants, the federal Bail Reform Act of 1966 provides for releases on bases such as family and community ties and previous criminal record. The Bail Re-form Act of 1984, however, permits the denial of bail to defendants deemed likely to be dangers to the community, and the Supreme Court in United States v. Salerno (1987) upheld the legality of such "preventive detentions." The Eighth Amendment has not yet been incorporated under the Fourteenth Amendment, though many states have similar constitutional or statutory prohibitions against excessive bail.

Bibliography

Epstein, Lee, and Thomas G. Walker. "The Pretrial Period and the Right to Bail." In Constitutional Law for a Changing America: Rights, Liberties, and Justice. 4th ed. Washington, D.C.: Congressional Quarterly, 2001.

Renstrom, Peter G. Constitutional Rights Sourcebook. Santa Barbara, Calif.: ABC-CLIO, 1999.

—Jeffrey T. Coster

The system that governs the status of individuals charged with committing crimes, from the time of their arrest to the time of their trial, and pending appeal, with the major purpose of ensuring their presence at trial.

In general, an individual accused of a crime must be held in the custody of the court until his or her guilt or innocence is determined. However, the court has the option of releasing the individual before that determination is made, and this option is called bail. Bail is set by the judge during the defendant's first appearance. For many misdemeanors, bail need not be set. For example, the defendant may be released on the issuance of a citation such as a ticket for a driving violation, or when booked for a minor misdemeanor at a police station or jail. But for major misdemeanors and felonies, the defendant must appear before a judge before bail is determined.

The courts have several methods available for releasing defendants on bail. Which of these methods is used is determined by the judge. One alternative is for the defendant to post a bail bond, or pledge of money. The bond can be signed by a professional surety holder, the accused, or the family and friends of the accused. Signing the bail bond is a promise that the defendant will appear in the specified criminal proceeding. The defendant's failure to appear will cause the signers of the bond to pay to the court the amount designated. The amount of bail is generally an arbitrary amount determined in light of the seriousness of the alleged offense.

A defendant can also be released upon her or his own recognizance, which is the defendant's written, uninsured promise to return for trial. Such a release occurs only if the suspect has steady employment, stable family ties, and a history of residence in the community. Willful violation of the terms of a personal recognizance constitutes a crime.

Other conditions may also be set regarding the release of the defendant. The Bail Reform Act of 1984 (18 U.S.C.A. §§ 3141-3150) provided for many additional conditions that do not rely upon finances and that reflected current trends to move away from financial requirements for freedom. These conditions came about, in part, owing to concerns regarding the discriminatory nature of bail toward the poor. The Bail Reform Act allows for conditional releases dependent upon such circumstances as maintaining employment, meeting curfews, and receiving medical or psychiatric treatment.

Civil Actions

A defendant in a civil action can be arrested to ensure that he or she will appear in court to respond to the plaintiff's claims. Civil arrest prevents a defendant from leaving the jurisdiction to evade the litigation, and from attempting to conceal or dispose of assets in order to keep the plaintiff from collecting on the judgment if the plaintiff prevails. Since civil arrest is a drastic remedy, state laws must be consulted to determine when it may be used. The purpose of bail in a civil action is to ensure the presence of the defendant at trial and to guarantee the payment of a debt or the fulfillment of some civil duty, as ordered by the court.

The court sets the amount of bail, which is generally based on the probable amount of damage against the defendant. In some instances, if informed of changed circumstances, the court might increase or reduce bail. Cash, as opposed to a bail bond, may be deposited with the court only where authorized by statute. The purpose of the arrest and the statutory provisions determine whether this deposit may be used to pay the judgment awarded to the plaintiff.

Criminal Prosecutions

The objective of bail in criminal actions is to prevent the imprisonment of the accused prior to trial while ensuring her or his appearance at trial. Constitutional and statutory rights to bail prior to conviction exist for most offenses, but state constitutional provisions and statutes must be consulted to determine the offenses to which bail applies. The Bail Reform Act of 1984 governs bail in federal offenses. It provides the federal magistrate with alternatives to the incarceration of the defendant. If the charge is a noncapital offense (an offense not punishable by death), the defendant may be released on her or his own recognizance. If there is a reasonable likelihood that the defendant will not return for trial, the judge may impose bail. The judge may also release the defendant into the custody of a designated person or organization for supervision. Restricting the residence, extent of travel, and personal associations of the accused are other options.

Discretion of the Court

A court exercises its discretion with respect to the allowance of bail. In reaching its decision, it evaluates the circumstances of the particular case, including the existence of doubt as to the accused's appearance at trial. Unreasonable delay or postponement in the proceeding, which is not attributable to the accused, usually constitutes a ground for bail — in some jurisdictions, by absolute right; more frequently, at the discretion of the court.

In jurisdictions in which it is neither proscribed nor regarded as an absolute right, the grant of bail pending a motion for a new trial, a review, or an appeal is also discretionary. The grant of bail is then determined in light of the probability of reversal, the nature of the crime, the likelihood of the defendant's escape, and the character of the defendant.

The decision to grant or deny bail is reviewable, but the scope of the review is limited to whether the court abused its discretion in its determination.

The amount of bail set is within the discretion of the court. Once fixed, it should not be modified, except for good cause. An increase cannot be authorized when the arrest warrant specifies the amount of the bail. An application for a change in bail is presented to the court by a motion based on an affidavit (a voluntary written statement of facts) confirmed by the oath of the person making it. The affidavit must be taken before a person authorized to administer such an oath and must contain the facts justifying the change. The Eighth Amendment to the Constitution and the provisions of most state constitutions prohibit excessive bail, meaning bail in an amount greater than that necessary to ensure the defendant's appearance at trial.

The Bail Reform Act of 1984 helped to set guidelines allowing courts to consider the danger a defendant might present if released on bail. This response to the problem of crimes committed by individuals who had been released on bail marked a significant departure from earlier philosophies surrounding bail. Bail laws took on a new importance; not only would they ensure the appearance of the defendant in proceedings, but also they would see to the safety of the community into which the defendant was released.

Pursuant to the 1984 act, if the court deems that the accused may, in fact, pose a threat to the safety of the community, the accused may be held without bail. In 1987, United States v. Salerno, 481 U.S. 739, 107 S. Ct. 2095, 95 L. Ed. 2d 697, addressed the constitutionality of holding an individual without bail while awaiting criminal trial. The Supreme Court held that due process was not violated by the detention of individuals without bail.

Breach and Forfeiture

A breach of the bail bond occurs in both civil and criminal actions when the defendant "jumps bail" or "skips bail" — that is, deliberately fails to return to court on the specified date, thereby forfeiting the amount of the bond. The act of jumping bail is either a misdemeanor or a felony, depending upon statute. The mandatory appearance required in a bail arrangement consists not merely of responding to the charges but also of attendance by the defendant at the trial and sentencing by the court. Appearance by counsel ordinarily does not prevent a breach, although under some statutes, where the offense is a misdemeanor, such an appearance might be sufficient.

Where a bond is breached, the court enters a judgment of forfeiture of the bail. In some jurisdictions, the judgment is appealable, but only if the failure to comply with the conditions of the bond was excusable and the state suffered no loss of rights against the defendant.

A final judgment normally cannot be entered on recognizance or bail bond without additional proceedings. Such proceedings are usually of a civil nature and follow the forfeiture of bail. These proceedings can be commenced by a writ (a court order) of scire facias (a judicial writ requiring the person against whom it is brought to show cause why the party bringing it should not have advantage of such record) or by an independent action.

Tutor's tip: You can post "bail" (security given to ensure one's court appearance), you can "bail" (empty water from a boat), or you can store a "bale" (large tightly wrapped package).

LearnThatWord.com is a free vocabulary and spelling program where you only pay for results!

• Building and Machine Parts - bail: supporting half hoop; hinged bar that holds paper to platen in typewriter
• Shovels and Digging and Lifting Tools - bail: scoop for removing accumulated water, esp. from boat
• Basins, Ladles, Cups, and Pots - bail: container used to remove water from boat
• Parts, Practices, and Argot - bail: (vb) Slang. fire up a locomotive
• Seamanship and Port - bail: (vb) empty accumulated water with paddle or bucket
• Laws, Procedures, and Court Proceedings - bail: payment of bond that is forfeited if one fails to appear in court
• Legal Procedures and Trials - bail: money or security deposit paid to court for release of person awaiting trial, guaranteeing defendant will appear for trial or forfeit bail money

It has been suggested that Posting bail be merged into this article or section. (Discuss) Proposed since November 2011.

Not to be confused with Bale.

This article is about the legal term. For other uses, see Bail (disambiguation).

The examples and perspective in this article may not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (December 2010)

Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and possibly be brought up on charges of the crime of failure to appear). In some cases bail money may be returned at the end of the trial, if all court appearances are made, regardless of whether the person is found guilty or not guilty of the crime accused. If a bondsman is used and a surety bond has been obtained, the fee for that bond is the fee for the insurance policy purchased and is not refundable.

In some countries granting bail is common. Even in such countries, however, bail may not be offered by some courts under some circumstances; for instance, if the accused is considered likely not to appear for trial regardless of bail. Legislatures may also set out certain crimes to be not bailable, such as capital crimes.

Contents 1 Canada 2 England and Wales 2.1 History 2.2 Forms 2.3 By police before charge 2.4 By police after charge 2.5 By a court 2.5.1 Rights 2.5.2 Conditions 2.5.3 Failure to comply 3 Scotland 4 United States 4.1 Judiciary Act of 1789 4.2 Bail Reform Act of 1966 4.3 Current federal law 4.4 State laws 4.5 Forms 4.6 Controversy 5 See also 6 References

Canada

Main article: Bail (Canada)

Persons charged with a criminal offence in Canada have a constitutional right to reasonable bail unless there is some compelling reason to deny it. These reasons can be related to the accused's likelihood to skip bail, or to public danger resulting from the accused being at large. In stark contrast to the United States and many other jurisdictions granting a constitutional right to bail, in Canada the accused may even be denied bail because the public confidence in the administration of justice may be disturbed by letting the individual, still legally innocent, go free pending the completion of the trial or passing of sentence (Criminal Code, s. 515 (10)(c)). Sureties and deposits can be imposed, but are optional.

England and Wales

History

Preceptors of Grecian Emperors, charged with upholding laws or institutions were called Bajulus (or bearers). Bajulus later evolved in Italy to mean Protector.

In medieval England, the sheriffs originally possessed the sovereign authority to release or hold suspected criminals. Some sheriffs would exploit the bail for their own gain. The Statute of Westminster (1275) limited the discretion of sheriffs with respect to the bail. Although sheriffs still had the authority to fix the amount of bail required, the statute stipulates which crimes are bailable and which are not.

In the early 17th century, King Charles I ordered noblemen to issue him loans. Those who refused were imprisoned. Five of the prisoners filed a habeas corpus petition arguing that they should not be held indefinitely without trial or bail. In the Petition of Right (1628) Parliament argued that the King had flouted Magna Carta by imprisoning people without just cause.

The Habeas Corpus Act 1679 states, "A Magistrate shall discharge prisoners from their Imprisonment taking their Recognizance, with one or more Surety or Sureties, in any Sum according to the Magistrate's discretion, unless it shall appear that the Party is committed for such Matter or offences for which by law the Prisoner is not bailable." The English Bill of Rights (1689) states that "excessive bail hath been required of persons committed in criminal cases, to elude the benefit of the laws made for the liberty of the subjects. Excessive bail ought not to be required." This was a precursor of the Eighth Amendment to the US Constitution.

Forms

In the UK there are three types of bail that can be given:^[1]

• Police bail where a suspect is released without being charged but must return to the police station at a given time.
• Police to court where having been charged a suspect is given bail but must attend his first court hearing at the date and Court given
• Court bail where having already been in court a suspect is granted bail pending further investigation or while the case continues

By police before charge

Under the Police and Criminal Evidence Act 1984, the police have power to release a person, who has not been charged, on bail. This is deemed to be a release on bail in accordance with sections 3, 3A, 5 and 5A of the Bail Act 1976.^[2]

By police after charge

After a person has been charged, he must ordinarily be released, on bail or without bail.^[3] Unless the accused has a previous conviction (or equivalents in cases of insanity) for certain specified homicide or sexual offences,^[4] the accused must be released either on bail or without bail unless:^[3]

(a) If the person arrested is not an arrested juvenile

(i) His name or address cannot be ascertained or the custody officer has reasonable grounds for doubting whether a name or address furnished by him as his name or address is his real name or address;

(ii) The custody officer has reasonable grounds for believing that the person arrested will fail to appear in court to answer to bail;

(iii) In the case of a person arrested for an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from committing an offence;

(iiia) In the case of a person who has attained the age of 18, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable a sample to be taken from him under section 63B below;

(iv) In the case of a person arrested for an offence that is not an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from causing physical injury to any other person or from causing loss of or damage to property;

(v) The custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from interfering with the administration of justice or with the investigation of offences or of a particular offence;

(vi) The custody officer has reasonable grounds for believing that the detention of the person arrested is necessary for his own protection;

(b) If he is an arrested juvenile

(i) Any of the requirements of paragraph (a) above is satisfied;

(ii) The custody officer has reasonable grounds for believing that he ought to be detained in his own interests;

If he is granted bail it will be bail to appear at a Magistrates' Court at the next available sitting.^[2]

By a court

Rights

Under current law, a defendant has an absolute right to bail if the custody time limits have expired and otherwise ordinarily a right to bail unless there is sufficient reason not to grant it,^[5]

Any person accused of committing a crime is presumed innocent until proven guilty in a court of law. Therefore a person charged with a crime should not be denied freedom unless there is a good reason.

The main reasons for refusing bail are that the defendant is accused of an imprisonable offence and there are substantial grounds for believing that the defendant would:

1. Abscond
2. Commit further offences while on bail
3. Interfere with witnesses^[5]

The court should take into account the:

1. Nature and seriousness of the offence or default (and the probable method of dealing with the defendant for it)
2. Character, antecedents, associations and community ties of the defendant,
3. Defendant's bail record, and
4. Strength of the evidence^[5]

The court may also refuse bail:

• For the defendant's own protection
• Where the defendant is already serving a custodial sentence for another offence
• Where the court is satisfied that it has not been practicable to obtain sufficient information
• Where the defendant has already absconded in the present proceedings
• Where the defendant has been convicted but the court is awaiting a pre-sentence report, other report or inquiry and it would be impracticable to complete the inquiries or make the report without keeping the defendant in custody
• Where the defendant is charged with a non-imprisonable offence, has already been released on bail for the offence with which he is now accused, and has been arrested for absconding or breaching bail^[5]

Where the accused has previous convictions for certain homicide or sexual offences, the burden of proof is on the defendant to rebut a presumption against bail.^[6]

The Criminal Justice Act 2003 amended the Bail Act 1976 restricting the right to bail for adults who tested positive for a Class A drug and refused to be assessed or refused to participate in recommended treatment.^[7]

Where a defendant is charged with treason, bail may only be granted by a High Court judge or by the Secretary of State.^[8] Section 115 of the Coroners and Justice Act 2009 prohibits magistrates' courts from granting bail in murder cases.^[9]

Conditions

Conditions may be applied to the grant of bail, such as living at a particular address or having someone act as surety, if the court considers that this is necessary:

• To prevent the defendant absconding
• To prevent the defendant committing further offences while on bail
• To prevent the defendant interfering with witnesses
• For the defendant's own protection (or if he is a child or young person, for his own welfare or in his own interests)^[5]

Failure to comply

Failing to attend court on time as required is an offence, for which the maximum sentence in a magistrates' court is three months' imprisonment, or twelve months in the Crown Court.^[10] (Sentences are usually much shorter than the maximum, but are often custody.) In addition to imposing punishment for this offence, courts will often revoke bail as they may not trust the defendant again. The amended Consolidated Criminal Practice Direction states (at paragraph 1.13.5) that "the sentence for the breach of bail should usually be custodial and consecutive to any other custodial sentence".^[11]

Failing to comply with bail conditions is not an offence, but may lead to the defendant being arrested and brought back to court, where they will be remanded into custody unless the court is satisfied that they will comply with their conditions in future.

Scotland

Under Scots law, no deposit or pledge of property is asked for; bail is only granted where the court is satisfied the accused will turn up for trial.

United States

In pre-independence America, bail law was based on English law. Some of the colonies simply guaranteed their subjects the protections of that law. In 1776, after the Declaration of Independence, those that had not already done so enacted their own versions of bail law.

Section 9 of Virginia's 1776 Constitution states "excessive bail ought not to be required..." In 1785, the following was added, "Those shall be let to bail who are apprehended for any crime not punishable in life or limb...But if a crime be punishable by life or limb, or if it be manslaughter and there be good cause to believe the party guilty thereof, he shall not be admitted to bail." Section 29 of the Pennsylvania Constitution of 1776 states that "Excessive bail shall not be exacted for bailable offences: And all fines shall be moderate."

The prohibition against excessive bail in the Eighth Amendment is derived from the Virginia Constitution, on which Samuel Livermore commented, "The clause seems to have no meaning to it, I do not think it necessary. What is meant by the term excessive bail...?" The Supreme Court has never decided whether the constitutional prohibition on excessive bail applies to the States through the Fourteenth Amendment.^[12]

The Sixth Amendment to the Constitution, like the English Habeas Corpus Act of 1679, requires that a suspect must "be informed of the nature and cause of the accusation" and thus enabling a suspect to demand bail if accused of a bailable offense.

Judiciary Act of 1789

In 1789, the same year that the United States Bill of Rights was introduced, Congress passed the Judiciary Act of 1789. This specified which types of crimes were bailable and set bounds on a judge's discretion in setting bail. The Act states that all non-capital crimes are bailable and that in capital cases the decision to detain a suspect, prior to trial, was to be left to the judge.

The Judiciary Act states, "Upon all arrests in criminal cases, bail shall be admitted, except where punishment may be by death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein."

Bail Reform Act of 1966

In 1966, Congress enacted the Bail Reform Act of 1966, which states that a non-capital defendant is to be released, pending trial, on his personal recognizance or on personal bond, unless the judicial officer determines that such incentives will not adequately assure his appearance at trial. In that case, the judge must select an alternative from a list of conditions, such as restrictions on travel. Individuals charged with a capital crime, or who have been convicted and are awaiting sentencing or appeal, are to be released unless the judicial officer has reason to believe that no conditions will reasonably assure that the person will not flee or pose a danger. In non-capital cases, the Act does not permit a judge to consider a suspect's danger to the community, only in capital cases or after conviction is the judge authorized to do so.

The 1966 Act was particularly criticized within the District of Columbia,^{[by whom?]} where all crimes formerly fell under Federal bail law. In a number of instances, persons accused of violent crimes committed additional crimes when released on their personal recognizance. These individuals were often released yet again.^{[citation needed]}

The Judicial Council committee recommended that, even in non-capital cases, a person's dangerousness should be considered in determining conditions for release. The District of Columbia Court Reform and Criminal Procedure Act of 1970 allowed judges to consider dangerousness and risk of flight when setting bail in noncapital cases.

Current federal law

In 1984 Congress replaced the Bail Reform Act of 1966 with new bail law, codified at United States Code, Title 18, Sections 3141-3150. The main innovation of the new law is that it allows pre-trial detention of individuals based upon their danger to the community; under prior law and traditional bail statutes in the U.S., pre-trial detention was to be based solely upon the risk of flight.

18 U.S.C. § 3142(f) provides that only persons who fit into certain categories are subject to detention without bail: persons charged with a crime of violence, an offense for which the maximum sentence is life imprisonment or death, certain drug offenses for which the maximum offense is greater than 10 years, repeat felony offenders, or if the defendant poses a serious risk of flight, obstruction of justice, or witness tampering. There is a special hearing held to determine whether the defendant fits within these categories; anyone not within them must be admitted to bail.

The Supreme Court upheld the 1984 bail law's pretrial detention provisions in the 1987 case of United States v. Salerno.

State laws

Bail laws vary somewhat from state to state, as is typical of U.S. jurisprudence. Generally, a person charged with a non-capital crime is presumptively entitled to be granted bail. Recently, some states have enacted statutes modelled on federal law that permit pretrial detention of persons charged with serious violent offenses, if it can be demonstrated that the defendant is a flight risk or a danger to the community.

Some states have very strict guidelines for judges to follow; these are usually provided in the form of a published bail schedule.^[13] These schedules list every single crime defined by state law and prescribe a presumptive dollar value of bail for each one. Judges who wish to depart from the schedule must state specific reasons on the record for doing so. Some states go so far as to require certain forfeitures, bail, and fines for certain crimes.^[14]

In Texas, bail is automatically granted after conviction if an appeal is lodged, but only if the sentence is fifteen years imprisonment or less. In Tennessee, all offenses are bailable, but bail may be denied to those accused of capital crimes.^[15]

Forms

In the United States there are several forms of bail used, these vary from jurisdiction, but the common forms of bail include:

1. Recognizance - when an accused is released on recognizance, he or she promises to the court to attend all required judicial proceedings and will not engage in illegal activity or other prohibited conduct as set by the court. Typically a monetary amount is set by the court, but is not paid by the defendant unless the court orders it forfeited. This is called an unsecured appearance bond or release on one's own recognizance.^[16]
2. Citation Release also known as Cite Out - This procedure involves the issuance of a citation by the arresting officer to the arrestee, informing the arrestee that he or she must appear at an appointed court date. Cite Outs usually occur immediately after an individual is arrested and no financial security is taken.^[16]
3. Surety Bond - by a surety bond, a third party agrees to be responsible for the debt or obligation of the defendant. In many jurisdictions this service is provided commercially by a bail bondsman, where the agent will receive 10% of the bail amount up front and will keep that amount regardless of whether the defendant appears in court. The court in many jurisdictions, especially jurisdictions that prohibit bail bondsmen, may demand a certain amount of the total bail (typically 10%) be given to the court, which, unlike with bail bondsmen, is returned if the defendant does not violate the conditions of bail. This is also known as surety on the bond. The bail agent guarantees to the court that they will pay the forfeited bond if a defendant fails to appear for their scheduled court appearances, so the third party must have adequate assets to satisfy the face value of the bond. In turn, the Bond Agency charges a premium for this service and usually requires collateral from a guarantor. The bail agent then posts a bond for the amount of the bail, to guarantee the arrestee's return to court.^[16]
4. Property Bond - the accused or a person acting on his behalf pledges real property having a value at least equal to the amount of the bail. If the principal fails to appear for trial the state can levy or institute foreclosure proceedings against the property to recover the bail. Used in rare cases and in certain jurisdictions. Often, the equity of the property must be twice the amount of the bail set.^[16]
5. Immigration Bond - used when the defendant that been arrested is an illegal alien. This is a federal bond and not a state bond. The defendant deals directly with either the Department of Homeland Security (DHS) or the Bureau of Immigration and Custom Enforcement (ICE). The typical cost associated with this specialty bond is often fifteen to twenty percent of the original bond amount.^[17]
6. Cash - typically "cash-only," where the only form of bail that the Court will accept is cash. Court-ordered cash bonds require the total amount of bail to be posted in cash. The court holds this money until the case is concluded. Cash bonds are typically ordered by the Court for the following reasons: when the Court believes the defendant is a flight risk, when the Court issues a warrant for unpaid fines, and when a defendant has failed to appear for a prior hearing. Cash bonds provide a powerful incentive for defendants to appear for their hearings. If the defendant does not appear as instructed, the cash bond is forfeited and a bench warrant is issued. If the defendant shows up for their scheduled court appearances, the cash is returned to the person who posted the bond. Anyone including the defendant can post a cash bond. If the defendant posts his own bond, the Court will deduct fines and costs from the bond before returning any balance.^[18]
7. Combinations - courts often allow defendants to post cash bail or surety bond, and then impose further conditions, as mentioned below, to protect the community or ensure attendance.

• Conditions of release - many varied non-monetary conditions and restrictions on liberty can be imposed by a court to ensure that a person released into the community will appear in court and not commit any more crimes. Common examples include: mandatory calls to the police, surrendering passports, home detention, electronic monitoring, drug testing, alcohol counseling, surrendering firearms.
• Protective order also called an 'order of protection'- one very common feature of any conditional release, whether on bail, bond or condition, is a court order requiring the defendant to refrain from criminal activity against the alleged crime victim, or stay away from and have no contact with the alleged crime victim. The former is a limited order, the latter a full order. Violation of the order can subject the defendant to automatic forfeiture of bail and further fine or imprisonment.

Controversy

A series of reports by National Public Radio in January 2010 criticized practices in many jurisdictions, which limit funding for pre-trial release programs and result in many poor defendants being held in jail because they cannot afford bail. The series reports that because of the cost differential between pre-trial release (using house arrest, ankle monitor, periodic check-ins, or without monitoring) and detention in jail, this results in billions of dollars of spending and jail overcrowding, which does not significantly increase the chances of a defendant appearing for trial. It also attributed the constriction of resources for what supporters feel are cost-effective pre-trial release programs to lobbyists for bail bondsmen. The series also reported that bondsmen benefit from laws or practices that do not require them to pay the government a substantial fraction of the actual bail forfeited when defendants fail to show, creating a lack of incentive for bondsmen to compel their customers to appear in court. The series also documented cases where the inability to make bail pressured detainees to plead guilty, and had a negative impact on their economic circumstances, compared with those detainees who could afford bail.^[19]

There has been a response to the argument that poor defendants cannot get out of jail on bail because they cannot afford it. In the state of New Jersey, like many states throughout the country, a defendant can secure a bail bond by agreeing to pay the fee, which is normally ten percent of the bond amount over time. Throughout the industry this is commonly referred to as a payment plan. In theory, this may seem like a good idea; however, if a defendant fails to make a payment, the bail bond company does not have the right to revoke the bail that was set by a judge. This allows a defendant to be released on bail without ever paying the premium owed to the bail bond company.

See also

• Bail bondsman
• Bounty hunters
• Mainprise

References

1. ^ "Bail Conditions", Dorset Police, accessed 30 December 2008.
2. ^ ^{a b} Police and Criminal Evidence Act 1984, section 34 (5).
3. ^ ^{a b} Police and Criminal Evidence Act 1984, section 38
4. ^ Criminal Justice and Public Order Act 1994, section 25
5. ^ ^{a b c d e} Bail Act 1976, Schedule 1
6. ^ Criminal Justice and Public Order Act 1994, section 25; R v Crown Court at Harrow [2006] UKHL 42
7. ^ Section 19 Criminal Justice Act 2003: Drug users: restriction on bail
8. ^ Magistrates' Courts Act 1980, section 41
9. ^ Coroners and Justice Act 2009, s.115
10. ^ Bail Act 1976, section 6(7)
11. ^ Offence of absconding
12. ^ http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf
13. ^ Bail Schedule, Los Angeles Superior Court. The L.A. Superior Court is the largest trial court system in the United States.
14. ^ State of Utah courts
15. ^ Tenn. Const. Art. I, s 10.
16. ^ ^{a b c d} http://www.avoidjail.com/content/start/bailstart.html, Avoid Jail Bail Bonds, Kerby Carambot Bail Agent "What are Bail Bonds" 2009
17. ^ http://www.legalbailbonds.com/immigrationbailbonds.html, Legal Bail Bonds, Jonathan Franklin "Immigration Bail Bonds" 2011
18. ^ http://cashonlybailbonds.com/faqs.html, Cash-Only Bail Bonds FAQs, Roger P. Tallini 2007
19. ^ http://www.npr.org/templates/story/story.php?storyId=122725771

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Dansk (Danish)
1.
n. - kaution, kautionssum
v. tr. - stille sikkerhed for, stille kaution

idioms:

• bail bandit    person som begår forbrydelse under løsladelse mod kaution
• go bail    stille sikkerhed

2.
n. - overligger, gærdeoverligger
v. tr., -
v. tr. - binde, bindsle

3.
v. tr. - stille sikkerhed for, redde nogens skind
v. intr. - overgive sig
n. - øse

idioms:

• bail out    springe ud med faldskærm, springe fra noget

4.
n. - hank

Nederlands (Dutch)
borg, beugel, binnenhof, vrij-/loslaten, in bewaring geven, de handen omhoog steken, hozen, pulsen, tegen borg vrijheid geven

Français (French)
1.
n. - (Jur) cautionnement, caution, garant, (Jur) mise en liberté sous caution
v. tr. - (Jur) faire mettre en liberté provisoire sous caution, mettre en dépôt (des marchandises), (fig) sortir d'affaire

idioms:

• bail bandit    (Jur) personne qui transgresse la loi (en période de liberté sous caution)
• go bail    fournir caution pour (qn), se porter/se rendre garant

2.
n. - (Sport) bâtonnet (cricket), barre (escalade), barre (d'une écurie), (Austral, NZ) type de harnais (pour des vaches, lors de la traite)
v. tr. - attacher une vache (lors de la traite), attaquer qn pour le voler, retenir qn contre son gré

3.
v. tr. - (Naut) écoper (un bateau), vider (de l'eau)
v. intr. - (Naut) écoper (de l'eau), vider (un bateau)
n. - (Naut) écope

idioms:

• bail out    (Aviat) sauter en parachute, (Naut) écoper, vider, renflouer (qn, une société), tirer d'affaire, renflouer (un projet)
• bail someone out    (Jur) se porter garant ou caution pour (qn), renflouer qn
• bail something out    renflouer (qch), (Naut) écoper (un bateau)

4.
n. - poignée, manche (d'un outil, de balai, etc), (Mécan) étrier de suspension, cerceau

Deutsch (German)
1.
n. - Kaution, Bürgschaft, Sicherheit
v. - Freilassung erwirken, gegen Burgschaft freilassen, bürgen

idioms:

• bail bandit    Wiederholungstäter während der Freiheit auf Kaution
• go bail    für jmdn. Bürge sein, für jmdn./etw. bürgen od. geradestehen

2.
n. - Querstab, Schranke, (Klettern) Klettergerüst, Trennstange, Reif, Bügel, Aussenmauer
v. - einschliessen, einschranken, eine Kuh während des Melkens festsichern, gegenübertreten, aufhalten

3.
v. - schöpfen
n. - Schöpfeimer

idioms:

• bail out    ausschöpfen, aus der Klemme helfen
• bail someone out    ausschöpfen, aus der Klemme helfen
• bail something out    schöpfen, leer schöpfen

4.
n. - Henkel, Halbreifen

Ελληνική (Greek)
n. - εγγύηση, προσωρινή αποφυλάκιση (με εγγύηση), εγγυοδότης, σέσουλα, (κρίκετ) μπαρέτα, τσέρκι, στεφάνη, λαβή, (στρογγυλό) χερούλι
v. - πληρώνω την εγγύηση για την αποφυλάκιση κάποιου, αποφυλακίζω, βγάζω από δύσκολη θέση, αδειάζω (με κουβά), πέφτω με αλεξίπτωτο

idioms:

• bail bandit    υπότροπος (που διαπράττει αξιόποινη πράξη ενόσω είναι ελεύθερος με εγγύηση)
• bail out    συντρέχω οικονομικώς, ξελασπώνω, βγάζω από δύσκολη θέση, αδειάζω νερά από σκάφος, πηδώ με αλεξίπτωτο
• go bail    εγγυώμαι

Italiano (Italian)
cauzione, palizzata, manico della teiera

idioms:

• bail bandit    criminale in libertà provvisoria
• bail out    versare una cauzione, far uscire qualcuno, salvare qualcuno da una situazione
• stand bail    porsi garante, pagare una cauzione

Português (Portuguese)
n. - fiança (f), alça (f), baia (f), balde (m), muralha (f), ripa (f) de críquete
v. - afiançar, baldear, pôr em baia, entregar sob garantia

idioms:

• bail bandit    alguém que viola a lei de fiança e não comparece à corte
• bail out    tirar da cadeia sob fiança, tirar água de um barco, saltar de pára-quedas, descer de um veículo (fig.)
• go bail    pagar fiança
• jump bail    não voltar para a prisão após pagar fiança
• post bail    pagar fiança
• stand bail    pagar fiança

Русский (Russian)
залог, вычерпывать воду

idioms:

• bail bandit    разбойник
• bail out    внести залог за кого-либо, вытащить кого-либо из беды
• go bail    дать поручительство
• jump bail    не явиться на суд
• post bail    внести поручительство
• stand bail    внести залог за

Español (Spanish)
1.
n. - fianza, dinero de una fianza
v. tr. - pagar la fianza

idioms:

• bail bandit    persona que comete un crimen estando bajo fianza y en espera del juicio
• go bail    pagar la fianza

2.
n. - soporte de toldo en forma de arco, barra de división, cerco, zuncho, atadura, jugada en el cricket, barra transversal
v. tr. - amarrar, confrontar, atar

3.
v. tr. - achicar el agua, vaciar
v. intr. - tirarse con paracaídas
n. - achicador

idioms:

• bail out    sacar de un apuro, achicar agua
• bail someone out    sacar de un apuro, saltar en paracaídas, rescatar
• bail something out    arrojar o tirar algo

4.
n. - asa, agarradero, aro, anillo

Svenska (Swedish)
n. - borgen, borgensman
v. - släppa mot borgen, gå i borgen, ösa

中文（简体）(Chinese (Simplified))
1. 保释, 保释人, 保释金, 托付, 将交保释放, 帮助脱离困境

idioms:

• bail bandit    保释期间犯罪的人
• go bail    做...的保释人, 为...提供保释金, 保证...是真实的

2. 往外舀, 从里往外舀水, 舀出船里的水, 跳伞, 桶, 戽斗

idioms:

• bail out    保释出来, 往外舀水, 跳伞

3. 杓, 把手

4. 半圆形环拎环

中文（繁體）(Chinese (Traditional))
1.
n. - 杓, 把手

2.
v. tr. - 往外舀, 從裡往外舀水
v. intr. - 舀出船裡的水, 跳傘
n. - 桶, 戽斗

idioms:

• bail out    保釋出來, 往外舀水, 跳傘

3.
n. - 保釋, 保釋人, 保釋金
v. tr. - 保釋, 託付, 將交保釋放, 幫助脫離困境

idioms:

• bail bandit    保釋期間犯罪的人
• go bail    做...的保釋人, 為...提供保釋金, 保證...是真實的

4.
n. - 半圓形環拎環

한국어 (Korean)
1.
n. - 보석[금, 보증인]
v. tr. - ~에 보석을 받게 하다

idioms:

• go bail    보석 보증인이 되다

2.
v. tr. - ~에 손잡이를 달다
n. - 소머리를 누른 틀
v. tr. - ~를 틀로 누르다, ~에게 손을 들게 하다

3.
v. tr. - 물을 퍼내다
v. intr. - 고인 물을 퍼내다
n. - 고인 물을 퍼내는 그릇

idioms:

• bail out    괸 물을 퍼내다, 낙하산으로 탈출하다, 곤경에서 벗어나게 해주다

4.
n. - 손잡이, 환대

日本語 (Japanese)
n. - 保釈, 保釈金, 保釈保証人, あか取り
v. - 保釈させる, 助ける, 水を汲み出す, 落下傘で脱出する

idioms:

• bail bandit    保釈中に罪を犯す者
• bail out    保釈させる
• go bail    保釈の保証人となる, 保証する

العربيه (Arabic)
‏(الاسم) كفاله ماليه, قطعه خشبيه في رأس, عصى الكريكيت (فعل) يدفع كفاله ماليه‏

עברית (Hebrew)
n. - ‮ערבות, שחרור בערבות‬
v. tr. - ‮שחרר בערבות‬
n. - ‮מוט רוחבי, כל אחד משני המוטות האופקיים שבין הזקפים (קריקט), בליטה מתכתית במחזק המתאימה לחריץ בסוליית מגף (טיפוס), מוט המפריד בין סוסים בגדרה, מסגרת נעה לאבטחת ראש הפרה בעת חליבה (אוסט., ניו זיל.)‬
v. tr. - ‮אבטח (ראש פרה) בעת חליבה, התעמת (עם מישהו) בכוונה לשדוד אותו, עיכב (אדם) לשיחה, ב‬
v. tr. - ‮שאב מים מתוך-‬
v. intr. - ‮הריק מים מסירה‬
n. - ‮דלי להרקת מים מסירה‬
n. - ‮ידית, חישוק‬

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