NCJ Number
46004
Journal
Albany Law Review Volume: 42 Issue: 1 Dated: (FALL 1977) Pages: 33-120
Date Published
1977
Length
88 pages
Annotation
THE HISTORY OF BAIL IS TRACED FROM THE ORIGIN OF THE CONCEPT IN EARLY ENGLISH LAW THROUGH ITS DEVELOPMENT IN THE UNITED STATES.
Abstract
BAIL ORIGINATED AS A DEVICE TO INSURE THE PAYMENT OF 'WERGELD,' WHICH WAS THE VALUE SET UPON A MAN'S LIFE AND BODILY FACULTIES IN ACCORDANCE WITH HIS RANK, TO BE PAID AS COMPENSATION FOR INJURY OR DEATH. LATER, BAIL DEVELOPED INTO A MECHANISM FOR FREEING UNTRIED PRISONERS. BAIL IN THE UNITED STATES DID NOT DEVELOP IN A VACUUM BUT DESCENDED DIRECTLY FROM ENGLISH TRADITIONS. ANALYSES OF THE PURPOSE OF BAIL IN THE UNITED STATES AND OF THE NOTION OF SURETYSHIP POINT UP THE DUEL FUNCTION OF BAIL: TO GIVE LIBERTY TO PRISONERS AND TO SECURE THE EXTENT OF THE LAW. THOSE WHO DESIGN THE BAIL SYSTEM HAVE FACED THE RECURRING QUESTION OF WHERE TO STRIKE THE BALANCE BETWEEN THE INTERESTS OF THE INDIVIDUAL AND THE INTERESTS OF THE STATE. A STUDY OF THE CONSTITUTIONAL AND STATUTORY PROVISIONS THAT REGULATE THE SYSTEM OF BAIL IN THE UNITED STATES SUGGESTS THAT, GENERALLY, THE BALANCE HAS MOVED TOWARD THE INDIVIDUAL. HOWEVER, ALTHOUGH THE SCOPE OF THE RIGHT TO BAIL HAS IMPROVED FOR THE INDIVIDUAL, THE DEPTH OF THE RIGHT REMAINS UNCHANGED. THE RIGHT TO BAIL CONTINUES TO BE A STATUTORY RIGHT NOT A CONSTITUTIONAL ONE. (AUTHOR ABSTRACT MODIFIED-LKM)