In the USA, the practice of bailing grew out of the English legal tradition of granting an accused individual the right to offer property or money to the court in order to secure temporary freedom while pending trial for a crime.
Early History
Before gaining independence, American bail law was based on English law. Back then, some of the colonies’ main goal was to guarantee their subjects the protections of that law. After the Declaration of Independence in 1776, those that had not already done so decreed their own versions of bail law. As the years went by, the cost of bail started to increase greatly.
Excessive bail began to be prohibited when in the Eighth Amendment was decreed. It was derived from the Virginia Constitution. However, the Supreme Court never formally decided whether the constitutional prohibition on excessive bail applies to the States through the Fourteenth Amendment.
The US Congress passed the Judiciary Act of 1789 in 1789, the same year that the United States Bill of Rights was introduced. Under this act, the types of crimes which were considered bailable were listed and it also designated bounds on a judge's discretion in setting bail. In essence, the act states that all non-capital crimes are bailable and in capital cases, the judge has the sole discretion to detain a suspect before trial.
In 1966, the Congress enacted the Bail Reform Act of 1966. Under this act, a non-capital defendant is to be released, pending trial, on his or her personal bond, unless the judicial officer determines that their guarantee is not sufficient to assure the person’s appearance at trial. In such instances, the judge must select an alternative from a list of conditions, such as restrictions on travel. For those charged with a capital crime, or who have been convicted and are awaiting sentencing or appeal, can 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.
Info source: www.eightballbail.com
Early History
Before gaining independence, American bail law was based on English law. Back then, some of the colonies’ main goal was to guarantee their subjects the protections of that law. After the Declaration of Independence in 1776, those that had not already done so decreed their own versions of bail law. As the years went by, the cost of bail started to increase greatly.
Excessive bail began to be prohibited when in the Eighth Amendment was decreed. It was derived from the Virginia Constitution. However, the Supreme Court never formally decided whether the constitutional prohibition on excessive bail applies to the States through the Fourteenth Amendment.
The US Congress passed the Judiciary Act of 1789 in 1789, the same year that the United States Bill of Rights was introduced. Under this act, the types of crimes which were considered bailable were listed and it also designated bounds on a judge's discretion in setting bail. In essence, the act states that all non-capital crimes are bailable and in capital cases, the judge has the sole discretion to detain a suspect before trial.
In 1966, the Congress enacted the Bail Reform Act of 1966. Under this act, a non-capital defendant is to be released, pending trial, on his or her personal bond, unless the judicial officer determines that their guarantee is not sufficient to assure the person’s appearance at trial. In such instances, the judge must select an alternative from a list of conditions, such as restrictions on travel. For those charged with a capital crime, or who have been convicted and are awaiting sentencing or appeal, can 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.
Info source: www.eightballbail.com
No comments:
Post a Comment