The History of Bail in the USA

Posted by BailSmart Bail Bonds on July 25th, 2019

Just about everyone is aware of our bail system. Bail sets an accused person free from incarceration while guaranteeing they will show up for their trial. The history of bail and how that history affects bail bonds in Lathrop, CA, sheds light on how the system is supposed to work and why it is so important.

Roots in the Middle Ages

Bail was developed in England in the 1600s under the Habeas Corpus Act. The Act required courts to evaluate the legal reasoning for imprisoning someone and helped avoid arbitrary imprisonment or imprisonment for reasons other than infractions of established law. The Act also mandated that magistrates set bail.

In 1689, the English Bill of Rights further defined what bail meant for the accused and outlawed using it as a way to penalize prisoners or hold them beyond what was a reasonable amount of time. These reforms later helped formulate the USA’s system of bail.

USA Bail Origins

The US system of bail was established in the Sixth Amendment of the US Constitution. That Amendment stipulates that all people must be informed of the nature and cause of the accusation against them. It also allows a person to demand bail if they are accused of a bailable offense.

Bail was further refined by the Judiciary Act of 1789. That Act stated that offenses that could not result in the convicted being executed were worthy of receiving bail. Bail for those accused of a crime for which they could be executed was left to the discretion of a judge. The Reform Act also referenced the English Bill of Rights as the standard for bail and set limits the amount of bail that could be imposed.

Bail Reform Act of 1966

Bail in America was essentially the same between 1789 and 1966. In 1966, the US Congress passed the Bail Reform Act. This stipulated that bail be placed on defendants in a manner that would cause as little financial burden as possible. The reason for the reform was that there were several instances where bail was used to hold people in jail, even if they were later acquitted of charges or had charges dropped. The reform was intended to eliminate bail harming the poor over other groups of Americans.

Bail Reform Act of 1984

The Act in 1984 addressed a loophole that potentially let dangerous suspects receive low bail if they did not pose an immediate risk to their communities. The Act of 1984 stated that dangerous defendants should be held until trial. It also expanded those offenses that did not warrant bail to include serious crimes, repeat offenders and those who posed a flight risk. In addition, the Act mandated a bail hearing.

Bail bonds in Lathrop, CA, is governed by law that dates back to the 1600s. As history has unfolded, bail has been reformed to eventually get to the point where it is today.