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History of Bail Bonds

The practice of putting up money or property in return for temporary release from jail, (conditional upon a court appearance), has been around since 13th century England. In fact, the concept of issuing bail bonds in the United States is mainly based on the practice that once happened in England. Most of the changes which have taken place regarding bail laws in the United States have addressed the fairness from the bail amount set by the judge, in relation to the seriousness of the crime committed.

The practice of providing bail bonds arose in the need to make sure that offenders, rich or inadequate, had level arena to secure a temporary release from prison. Before the practice existed, just accuseds rich enough to write cash or home were fortunate adequate to visit cost-free. Those who were poor run the risk of relaxing in prison for an indefinite volume of time, given that they had no possessions to provide in exchange for their liberty. A few entrepreneurs, however, recognized a business opportunity. They realized that if they might put forth adequate capital, they could accept a percentage of the offender's money as bail insurance, then post the rest as a safety to get the accused from prison. By charging a fee for his or her service, the business owners had a chance to earn an income, by offering this brand-new service, the first bail bondsmen had a chance to provide equal chance for those offenders to achieve temporary liberty from prison.

In 1679, the Writ of habeas corpus Act was passed in England. It gave judges the right to set bail amounts. However, the bail amounts proposed were typically impractical and too costly for a lot of defendants. 10 years later, the English Bill of Rights was passed. It stated that "excessive bail ought not to be expected, nor excessive fines imposed." The Eighth Amendment to the Usa Constitution, adopted as part of the Bill of Rights in 1791, is nearly identical to this provision.

When America was still in its infancy, the Judiciary Act of 1789 was passed. This act stated that noncapital crimes (those not punishable through the death penalty) were bailable. It also stated when a capital crime was committed, then your possibility of bail was up to the judge's discretion. Two years later, the Bill of Rights was passed. Included in the Bill of Rights was the Sixth Amendment, proclaiming that defendants are to be informed from the nature of the crimes. Which means that if someone is charged with a bailable offense, they have the right to demand bail. Also included was the Eighth Amendment, which prohibits the us government from imposing excessive bail, excessive fines, or cruel and unusual punishment.

In 1966, the Bail Reform Act was passed. Before this time around, defendants who were bad risked spending months in jail-- and then have their costs later dropped-- because of the fact that they'll not afford bail. Head of state Lyndon B. Johnson, who signed the expense into law, offered the some example of a man who spent 8 weeks in prison prior to being acquitted, throughout which period he lost his task, his automobile, and the household. After he was finally released from jail, he wasn't capable of finding a job for an additional four months. The Bail Reform Act assisted level the playing industry for those offenders, ensuring everyone had equal access to sensible bail amounts.

There is one major problem, however, with the Bail Reform Act--a loophole that allowed all defendants, dangerous towards the community or not, to get bail as long as they weren't seen as an flight risk. This loophole managed to get possible for dangerous criminals to receive bail and become released. The brand new Bail Law of 1984 replaced the Bail Reform Act of 1966. The New Bail Law states that criminals can be held without bail when they are regarded as a risk to the community. The New Bail Law also states that defendants entitled to bail are to have a bail hearing.

Bail bonds make it easy for defendants to temporarily go free from jail, conditional upon their turning up for court appearances. Thanks to various revisions to laws regarding bail in the United States, all defendants--whether rich or poor--who commit noncapital crimes, can rest just a little easier knowing their bail limits will not be excessive, and therefore, they will not have to sit in jail for months on end, with no chance of temporary release.

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