NCJ Number
59799
Date Published
1978
Length
20 pages
Annotation
THE CONCEPT OF BAIL GOES BACK TO FEUDAL ENGLAND AND ITS PRACTICE TODAY MAKES THE ACCUSED LITERALLY A SERF OF THE BAIL BONDSMAN. THE SYSTEM IS OFTEN CORRUPT AND SHOULD BE REFORMED USING TECHNIQUES DEVELOPED IN VARIOUS STATES.
Abstract
IN ANCIENT ENGLAND BAIL WAS A PRIVILEGE. IF A SERF WERE ARRESTED, HIS LANDED MASTER WOULD PUT UP SURETY TO GUARANTEE COURT APPEARANCE. BAIL REFORM CAME TO ENGLAND IN THE 19TH CENTURY WHEN THE LAND OWNERS FOUND THAT THEY, TOO, COULD BE SUBJECT TO OUTRAGEOUSLY HIGH BAIL. IN THE AMERICAN COLONIES HIGH BAIL WAS DEEMED NECESSARY BECAUSE WIDE-OPEN FRONTIER MADE BAIL-JUMPING SO EASY. THE BONDSMAN OFTEN ORGANIZED HIS OWN SEARCH PARTY FOR A SUSPECTED FELON AND THE BAIL WAS SET HIGH TO MAKE THE SEARCH WORTHWHILE. TODAY THE BAIL SYSTEM IS RIDDLED WITH ABUSE. THE BONDSMAN HAS OFFICES NEAR THE COURTHOUSE AND CLIENTS ARE OFTEN REFERRED BY POLICE AND COURT PERSONNEL. IN SOME STATES FORFEITURE TERMS ARE SO LENIENT THE BONDSMAN MAY LOSE LITTLE EVEN IF THE CLIENT DOES NOT SHOW. SOME SUSPECTS OFTEN COMMIT ROBBERIES OR OTHER CRIMES TO MAKE THE BAIL PAYMENTS. VARIOUS JURISDICTIONS HAVE ATTEMPTED REFORM. TENNESSEE AND ILLINOIS TRIED TO OUTLAW BAIL BUT FAILED BECAUSE THEY FAILED TO PROVIDE FOR A SET OF VIABLE ALTERNATIVES. KENTUCKY'S REFORM HAS SUCCESSFULLY WITHSTOOD A CHALLENGE WHICH WENT TO THE U.S. SUPREME COURT. SUCCESSFUL REFORM COMBINES THOROUGH PRERELEASE INVESTIGATION BEFORE RELEASE ON ONES OWN RECOGNIZANCE, RELEASE TO A THIRD PARTY, DAYTIME RELEASE TO A PLACE OF EMPLOYMENT, QUICK RELEASE AND SUMMONSES FOR MINOR OFFENSES, AND LOWER BAIL. NOTES AND REFERENCES DOCUMENT THE DISCUSSION. (GLR)