The definition of bail and its interpretation in american laws

The definitions are inclusive. They do not expaliate the meanings that should be annexed to the expressions as such. The definition in Section 2 a and 2 b may not by themselves be helpful to decide this crucial aspect. The nomenclature of the application is not decisive.

The definition of bail and its interpretation in american laws

History of bail in the United States[ edit ] Colonial and early America[ edit ] In pre-independence Americabail law was based on English law.

Some of the colonies simply guaranteed their subjects the protections of that law. Inafter the Declaration of Independencethose that had not already done so enacted their own versions of bail law.

But if a crime be punishable by life or limb, or if it be manslaughter and there be good cause to believe the party guilty thereof, he shall not be admitted to bail. And all fines shall be moderate. What is meant by the term excessive bail?

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This specified which types of crimes were bailable and set bounds on a judge 's discretion in setting bail. The Act states that all non-capital crimes are bailable and that in capital cases the decision to detain a suspect, prior to trial, was to be left to the judge.

In that case, the judge must select an alternative from a list of conditions, such as restrictions on travel. Individuals charged with a capital crime, or who have been convicted and are awaiting sentencing or appeal, are to be released unless the judicial officer has reason to believe that no conditions will reasonably assure that the person will not flee or pose a danger.

In non-capital cases, the Act does not permit a judge to consider a suspect's danger to the community, only in capital cases or after conviction is the judge authorized to do so.

It requires that decisions consider family and community ties, employment history, and past record of court appearances. However, for those defendants who are unable to raise the required money despite demonstrating they are a minimal flight risk, the Act provides little protection.

It also mandates that judges not consider the perceived threat a defendant would be to his or her community if granted pretrial release. The Act also placed greater value on lawyers, because it required lawyers to produce more information about an arrestee in the same short amount of time before a bail hearing.

In a number of instances, persons accused of violent crimes committed additional crimes when released on their personal recognizance. These individuals were often released yet again.

The District of Columbia Court Reform and Criminal Procedure Act of allowed judges to consider dangerousness and risk of flight when setting bail in noncapital cases. One of the most notable bail reform projects was the Manhattan Bail Project.

The definition of bail and its interpretation in american laws

Formed inthe project was led by the Vera Institute of Justice with the theory that defendants with prominent ties to the community, such as a stable occupation or long marriage, could be confidently released on the strength of their promise to return. The New York city government eventually assumed oversight of the program, although the Vera Institute of Justice design new ROR systems after defendants failed to appear.

One of the VISTA directors, Padraic Kennedy, commented that the program was successful because it used a mathematical system of personal recognizance so that defendants would reappear. Kennedy noted that the program was capable of becoming permanent legislation, but the status of VISTA is unknown as of today.

One project with mixed results was a research program that tested the effects of a pretrial release agency and deposit bail in New York City. Researchers Roy Flemming and Thomas Uhlman analyzed the program and commented that reform is defined by a supportive constituency and the oversight of court judges.

Flemming and Uhlman concluded in a joint article that the initiative highlighted an important dilemma in that reformers need to solve the fundamental structures behind bail as opposed to specific parameters of bail law.

The main innovation of the new law is that it allows pre-trial detention of individuals based upon their danger to the community; under prior law and traditional bail statutes in the U.Bill Of Rights Essay Examples.

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The definition of bail and its interpretation in american laws

0 pages. An Analysis of the. Define bail. bail synonyms, bail pronunciation, bail translation, English dictionary definition of bail. n. 1. Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial.

legal system - a system for interpreting and enforcing the laws. (American) to parachute. What is BAIL, V?. To procure the release of a person from legal custody, by undertaking that he shall appear at the time and place designated and submit himself to the jurisdiction and judgment of the court To set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and a place certain, which security is called “bail,” because the party arrested.

The Eighth Amendment (Amendment VIII) of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments. The U.S.


Supreme Court has ruled that this amendment's Cruel and Unusual Punishment Clause also applies to . English Law. The system of law that has developed in England from approximately to the present. The body of English law includes legislation, Common Law, and a host of other legal norms established by Parliament, the Crown, and the is the fountain from which flowed nearly every facet of U.S.

law during the eighteenth and nineteenth centuries. Definition of bail in the Legal Dictionary - by Free online English dictionary and encyclopedia. Ransom: A Critique of the American Bail System.

New York: Harper & Row. Israel, Jerold H., ed. When the punishment by the laws of the United States is death, bail can be taken only by the supreme or circuit court, or by a judge of the.

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