The very concept of bail is even older that the American Constitution. It has been a practice that has traversed countries, governments, cultures, and versions of history. To help you understand how bail got started, here is a brief overview of how it travelled from the United Kingdom to the United States of America.
The Rise in the United Kingdom
The US’ bail system originated and evolved from England way back in medieval period. It was said that the concept of bail was conceived when people were doing everything in order to avoid punishments at that time, which included being hosed down, tortured, and executed.
There then came a point when the jail cells were so full of the accused of various claims, from minor crimes such as vandalism and poaching, to grave acts such as treason and murder. It would reach months before certain cases were put to court, hence, the people were given an option to bail out while waiting for trial.
Before, the power to decide the fate of both the accused and the criminals was given to the local sheriff. However, it was then removed after many sheriffs took advantage of this system for their personal benefit, corrupting the English Justice system.
Bail on the American Soil
Later on, bail came in to the American Constitution through various acts and reforms. In 1966, the Bail Reform Act stated that those charged with non-capital offenses can be released through bail or personal recognizance; unless the judge sees that they might flee the country. This act was later revised in the Bail Reform Act of 1970 after the District of Columbia attested that certain defendants of non-capital offenses committed crimes after getting bailed out.
This was then later revised to the Bail Reform Act of 1984, guiding judges to not allow bail if the accused is a possible risk to the public, has motives to commit crimes as soon as he/she gets out, has past criminal records that can attest to a lack of credibility, and if the crime is violent or related to drugs.
Certain states in the country have prohibitions on bail. In Texas, a person charged of a crime with a punishment of 15 years of imprisonment or less can be automatically granted bail if an appeal is posted
For Additional Information
Give us a call now at Cagle Bail Bonds to have a clear view of what bail and bail bonds are about and how you can fully exercise your rights in the Texas Justice system.