Definition of Bail

surety is the form of pledging property or m unityy to a court of justice in exchange for the passing play of pris unmatchabler from jail (Lectric truth Library, 2008). Usually, shackle is done with the beneathstanding that the person suspected of committing a iniquity forget appear for trial or else for he or she will forfeit the release and become guilty of some other disgust which is disaster to appear out front court. In most instances, if the suspect appears in court in all the days he or she is required to do so, the court will return to him or her the bail money later on the trial has ended, whether or not the suspect is handed down a guilty verdict.In short, the main purpose of bail is to the provide the court approximately form of assurance that the suspect will not flee from the crime he or she is accused of and will appear in his or her trials when he or she is commanded to do so. Moreover, bail also has humanitarian purposes. For example, in most cases, the trial of a suspect would begin after weeks or months upon his or her arrest. Since he or she is still a suspect and not yet proven guilty, he or she is entitled to bail before the trial commences in order for him not to miss occasions much(prenominal) as family gatherings and holidays, among others.Furthermore, there be several types of bail. These let in the cash bail, release on citation or cite out, property bond, release on own personal recognizance, and surety bond (Silverman, 2008). The cash bail is one of the most commonly used types of bail. As its name implies, it involves the suspect remunerative the bail in full amount using cash. However, there are certain times that the court may also accept faith cards and checks.Cite out is when the arresting office does not book a suspect and instead gives him or her a citation that states that the accused moldiness show up in court (Silverman, 2008). This is usually done so that the officer shadower focus on arresting more undecomposed violators of the law. On the other hand, property bond is when the accused can exhibit his or her property to serve as a bond (Silverman, 2008). In this case, the court then obtains a lien or legal use up on the suspects property in the bails amount.If the suspect fails to go to his or her required court appearances, the court can decide to shut out the property in order to retrieved the forfeited bail (Silverman, 2008). Release on own personal recognizance is when a judge decides to release the accused based on his personal recognizance, which way of life that he or she does not have to pay bail notwithstanding is solely responsible for his or her appearing in court at the required dates (Silverman, 2008). Finally, surety bond or bail bond is when another party lawfully agrees to pay the debt of the suspect.This is usually performed by a bail bondsman, who will receive 10 per cent of the amount of bail stipend required and will keep the amount for himself or hers elf even if the suspect fails to show up in court (Silverman, 2008). In the United States, the bail law was mainly based on a system use in England in 1677 (Silverman, 2008). During that year, the English parliament created the Habeas Corpus doing and one of its provisions enabled magistrates to set bail terms.In addition, the 1689 English Bill of Rights restricted exuberant bail, which was also used in the constitution of the state of Virginia and United States organisations Eighth Amendment (Silverman, 2008). However, in essence, the bail is provided under the 6th Amendment to the US Constitution which states that all people who are arrested must be intercommunicate of the nature and cause of the accusation (Silverman, 2008) they are charged with. In addition, the Sixth Amendment also enables a suspect to ask for bail if he or she is accused of a bailable crime.Moreover, at present, the terms and conditions of bail in the United State are contained in the 1984 Bail Reform Ac t that replaced the 1966 Bail Reform Act, which in turn, repealed the Judiciary Act of 1789 (Silverman, 2008). However, although bail is provided under the Sixth Amendment and in other US laws, it does not necessarily fix that everyone accused of a crime has a right to post bail. chthonic the current law, defendants who pose a great danger to society are held in prison without bail until their trial starts.Other suspects that cannot post bail include those who have committed serious crimes and capital offenses, repeat criminals or offenders, and those who may be at flight risk (Silverman, 2008). References Lectic Law Library. (2008). Bail. Retrieved September 29, 2008 from http//www. lectlaw. com/def/b004. htm. Silverman, J. (2008). How Bail Works. How Stuff Works. Retrieved September 29, 2008 from http//people. howstuffworks. com/bail. htm.