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- Title
THE LAST DAYS OF BAIL.
- Authors
Ryan, John V.
- Abstract
The article provides information on the bail scheme in the criminal justice system of the U.S. The bail system of pretrial release has evolved from a hostage arrangement into a surety relationship. Because of the broad frontier and mobile population in the country, the private surety device was not feasible. As a result, the commercial bail bondsman arose to replace the private surety in the U.S. system of pretrial release. The bondsman, who is still a part of the U.S. bail scheme, demands a premium from the accused; in return he will put up the security necessary to free the man. Since the bondsman makes his living by being a professional surety, the bases upon which he decides whether or not he will put up bail for a particular defendant are commercial and not personal. Thus, history indicates that the basic philosophy underlying the monetary bail system in the U.S. was imported from England. There is some dispute as to what place the bail system was given in the hierarchy of U.S. jurisprudence. The right to bail, however, in non-capital cases is a federal statutory right. Most states, unconstitutional or statutory form, have a similar provision. The U.S. Constitution only mentions bail in the Eight Amendment, which prohibits excessive bail. But whether this prohibition applies to the states is a question that has never been decided by the Supreme Court.
- Subjects
UNITED States; BAIL; PRETRIAL release; CRIMINAL law; BAIL bond agents; CRIMINAL justice system
- Publication
Journal of Criminal Law, Criminology & Police Science, 1967, Vol 58, Issue 4, p542
- ISSN
0022-0205
- Publication type
Article
- DOI
10.2307/1141913