NCJ Number
83121
Date Published
1980
Length
24 pages
Annotation
This paper from a collection of works focusing on the law and sociology examines the history of bail, critiques standard bail practices, and discusses recent reform measures.
Abstract
The concept of bail originated in the English common law, and considerations of bail were included in the Federal Constitution. Nevertheless, the legitimate parameters of bail, particularly with regard to what constitutes excessive bail, were never clearly defined by the judiciary. Years of legislative and judicial review did little to alter either the nature or pattern of implementation of bail until the mid-1960's. The 1960's were marked by a series of political challenges, legal suits, critical research, and national conferences focusing on bail reform. Most of these efforts pointed out the inequalities of the money bail system and its inherently discriminatory character. As a result, the Federal Bail Reform Act of 1966 and Massachusetts' Bail Reform Act were passed. Both laws directed the courts to follow a presumption in favor of release on recongizance for most crimes. Such factors as family ties, employment record, reputation, and length of residence in the community were specified for determination of such release of a defendant. The article suggests that such bail reform gives the facade of meaningful progress while basically altering nothing with regard to the exercise of discriminatory practices. Seventeen notes and approximately 50 references are provided.