Bail Bonds
The principle of bail is basic to our system of justice and its practice as old as English law itself. When the administration of criminal justice was in its infancy, arrest for serious crime meant imprisonment without preliminary hearing and long periods of time could occur between apprehension and the arrival of the King's Justices to hold court. It was therefore a matter of utmost importance to a person under arrest to be able to obtain a provisional release from custody until his case was called. This was also the desideratum of the medieval sheriff, the representative of the Crown in criminal matters,
who wore many hats including that of bailing officer. He preferred the conditional
release of persons under arrest to their imprisonment for several reasons: it was less
costly and troublesome; the jails were easy to breach and under then existing law the
Jailer was hanged if a prisoner escaped; the jails were dangerous to health, and as there was no provision for adequate food, many prisoners perished before trial was held Purpose Of Bail - 2Influenced by factors such as these, the sheriff was inclined to discharge himself of responsibility for persons awaiting trial by handing them into the personal custody of their friends and relatives. Indeed, in its strict sense, the word "bail" is used to describe the person who agrees to act assuredly for the accused on his release from jail and becomes responsible for his later appearance in court at the time designated. As surety, the bail was liable under the law for any default in the accused's appearance. Purpose Of Bail - 3Between the 13th and 15thcenturies the sheriff's power to admit to bail was gradually vested, by a series of statutes, in the justices of the peace. In the case of a person committed for felony, the justices of the peace had the authority to require, if they thought fit, his remaining in jail until the trial took place, but, on the other hand, a person committed for a misdemeanor case could, at common law, insist on being released on bail if he found sufficient sureties. Writing in the mid-1700's, Blackstone described the arrest-bail procedure his day in the following passage: "When a delinquent is arrested...he ought regularly to be carried before a justice of the peace...If upon...inquiry it manifestly appears that either no such crime was committed or that the suspicion entertained of the prisoner as wholly groundless, in such cases only it is lawful totally to discharge him.
1. One who has confessed a debt, or against whom judgment has been pronounced, shall have thirty days to pay it in. After that forcible seizure of his person is allowed. The creditor shall bring him before the magistrate. Unless he pays the amount of the judgment or some one in the presence of the magistrate interferes in his behalf as protector the creditor so shall take him home and fasten him in stocks or fetters. He shall fasten him with not less than fifteen pounds of weight or, if he choose, with more. If the prisoner choose, he may furnish his own food. If he does not, the creditor must give him a pound of meal daily; if he choose he may give him more.
The conditions of prisons were a bit dreadful. In some prisons, prisoners had their feet fasten together by iron bars and had chains around their necks. Most prisoner cells had very little furniture and bedding, prisoners had to sleep on the floor or unless had their friends supply them with furniture and bedding. Most cells did not have a toilet, prisoners were given buckets. A prisoner was giving a small loaf of bread unless they had money to buy more food but that was a bit expensive. Even children were allowed in prisons. Some prison...
Sets forth procedures for a judicial officer to order the release or detention of an arrested person pending trial, sentencing, and appeal
If you have to wait, make sure that are calm and cooperative. Although this is a difficult time, you need to remember that your behavior can influence your bail. Bail is a way to ensure you will return for your court appearances. How you behave in jail can be reported to the judge. This might influence the bail amount that is eventually ordered.
"Chapter XVII: Of Sundry Kinds Of Punishment Appointed For Offenders." Historion.net • History Online • Description of Elizabethan England, 1577 •. N.p., n.d. Web. 10 Apr. 2014.
Before jails were even implemented in America, the colonists had quite a different approach to punishment that led to how jails came to be. The original outlook of criminals came from the Colonists religious belief that criminals were sinners who were workers of the devil. The Colonists felt they had to be protected from devil’s workforce and therefore criminals must have their name run into the ground, be cast out of the town, or in the most extreme cases be hung. Before the Colonists accepted institutions, they looked to public humiliation as a means of correcting the lesser criminals. The harsher punishments, such as death, were given to people who were believed to be beyond redemption. But, with growing populations due to industrialization of cities townspeople grew less and less known to one another. With less recognition between citizens the thought of public humiliation as a punishment was weakening as a threat. On top of that, people were beginning to grow weary that capital punishment may have been too barbaric and overall ineffective. Yet, the colonists were still not completely convinced to utilize jails. The hesitation was a result of the community feeling that most men were not salvageable and institutionalizing them would only be rewarding. Although, this conception began to unravel in the late 1600’s when the Pennsylvania Quakers came up with a plan that would eventually be accepted.
Do you have a friend or family member in jail, and they have asked for you to be the guarantor on their bail bond? It is common to feel like you are pressured to make an immediate decision, not allowing you the time to learn about what is really being asked for you. Ultimately, you could be held responsible for paying the bail bond if the accused person doesn’t show up to court on the agreed upon date. That is why it helps to ask these questions before you agree to helping.
Prior to the American Revolution, colonists living in America were rarely locked in jail for long periods of time, with crimes often resulting in a punishment of hanging, public whipping, confinement to stocks, or branding.1 Jails were used as a place to temporarily confine people awaiting trial or punishment. The conditions in these jails were horrible, as sexes, types of criminals, and ages were heterogeneously mixed. By the late 18th century, these punishments were no longer as effective, due to an increase in population size, mobility and migration, and the emergence of a distinct poor class.2 Reformers saw the need for change, and aided by an increased moral standard following the colonial era, prisons were targeted for reform, becoming pe...
In the early years going to prison for a crime was not common. When people committed crimes, they were punished by corporal punishment, forced labor, social ostracism, and many far worse punishments. People began using imprisonment as a form of punishment after the American Revolution. In England these practice of imprisonment been taking place since the 1500s in the form of dungeons and other detention facilities. Prisons were one of the first buildings introduced in the New World. In early America prisons were not looked at like prisons are today, most crimes where punished on the spot and the person released. Most of the people that had long term sentences were people that owed debt. Other type of punishments that was used was fines, public shame, physical chastisement, and death. Misdemeanors were punishable by fines, just like some are today. The United States prison building efforts went through three waves. First the Jacksonian Era, which led to the increase use of imprisonment and rehabilitive labor as punishment for their crimes in almost all states by the time of the American Civil War. Second was the Progressive Era, which was after the civil war. The Progressive Era brought in the usage of parole, probation, and indeterminate sentencing. Third was in the early 1970s, by this time the number in prisons had increased five times.
The orthodox account is seen as the most common-sensical analysis which aims to explain the reasons behind the crisis, looking at problems within the penal system. The orthodox account is easily summarised by a quote from the article ‘why prisons may explode’ (Humphry and May 1977) ‘explosive problems remain in many of Britain’s prisons – a higher number of lifers... who have nothing left to lose; overcrowding which forces men to sleep three to a cell and understaffing which weakens security. Prisons, too, are forced to handle ...
"Today's system, where imprisonment is a common penalty for most crimes, is a historical newcomer." Many crimes during 1718 and 1776 were punishable by death. This was usually done by hanging, sometimes by stoning, breaking on the rack and burning at the stake. Towards the end of the 1700's people realized that cruel punishment did little to reduce crime and their society was changing the population grew and people started to move around more frequently. There had to be a search for new punishments. "New punishments were to rely heavily on new ideas imported from Europe in the writing of such social thinkers of the Enlightenment as the baron de Montesquieu, Voltaire, Thomas Pain and Cesare Beccaria". These thinkers came to believe that criminals could be rehabilitated."
The purpose of bail, as defined by the Nebraska Statute, is to ensure that the
The use of prison as a form of punishment began to become popular in the early 19th century. This was because transportation to colonies had started to decrease; transportation was the removing of an individual, in this case an offender, from its country to another country; usually for a period of seven to ten years and in some cases for ever. During this time prison was now being used as a means for punishment, this was in response to the declining of transportation to colonies. Thus, instead of transporting offenders to other colonies they were now being locked away behind high walls of the prison. Coyle (2005). To say whether using prison as a form of punishment has aid in the quest of tackling the crime problem one must first consider the purposes of the prison.
Pollock and Wright defines bailment as- " Bailment is a relationship sui generis and unless it is sought to increase or diminish the burden imposed upon the bailee by the very fact of bailment, it is not necessary to incorporate it into the law of contract and to prove a
This is one of the most important aspects of the criminal investigation process due to the fact that if the proper procedures aren’t followed, the validity of the case will be jeopardized. The Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) outlines the conditions of which a person can be arrested and detained. A key term in the arresting process is ‘suspicion on reasonable grounds’ as this describes the discretion of the police in making arrests. Although for most arrests, a warrant is needed, police can arrest someone if they genuinely believe that the person is guilty of a crime. After a person has been arrested, they will be detained in a police station and this process is also outlined in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). The Act outlines the rights a person who has been detained, such as refreshment periods, and the procedures that the police must follow, this is all done to help protect the rights of citizens. If a person is charged with a crime, they will either be put in remand or be allowed to post bail. Bail, also referred to as conditional freedom, allows a person to retain certain rights, such as spend their time awaiting trial in their home, and this is outlined in the Bail Act 1978 (NSW). Bail is a great example in the criminal trial process achieving justice, as the concept of bail seeks to