The History of Bail: From Knights to LBJ And Beyond |
| Date Added: September 07, 2011 04:44:36 PM |
| Author: Robert Miller |
| Category: Business & Economy: Law |
| Just before a judge pronounces “bail is set at …,” a fascinating history dating back to medieval times has preceded the frequent court event. While bail bond hearings and the modern American courtroom go hand and hand now, the process is steeped in ancient tradition and an almost folkloric quality. To be sure, bail bonds are rooted in everyday law. Bail is the security posted for the accused to ensure that he or she will appear in court and answer to the accusation brought against the individual. Bail can be posted in the form of cash or bail bonds. As the California Bail Agents Association points out the Eighth Amendment to the U.S. Constitution requires that bail not be excessive. With certain exceptions a defendant charged with a criminal offense can be released on bail. Suspects charged with capital crimes when the facts are evident or the presumption of guilt great may not be released on bail and are incarcerated until trial. Just exactly how bail bond hearings became a routine part of the American court system has been open to interpretation. The Tennessee Association of Professional Bail Agents reports: “The origins of the American bail system are uncertain. There are theories on how it came about. One is that it originated in the Anglo Saxon tribes of old England. These tribes used to take hostages and then release them when the promise of a certain person was fulfilled or a certain consequence achieved.” The Professional Bail Agents of the United States, based in Washington D.C., subscribes to the widely held view that the American colonists incorporated the English tradition from the Statute of Westminster in 1275, which eliminated the discretion of sheriffs over which crimes would be available for bail or not. In the early seventeenth century, King Charles I received no funds from the Parliament so he forced some noblemen to issue him loans. Those who refused to lend the king money were imprisoned without bail. Five incarcerated knights filed a habeas corpus petition arguing that they could not be held indefinitely without trial or bail. Parliament responded to the king's action and the court's upholding of the ruling with the Petition of Right of 1628. Parliament would again respond with the Habeas Corpus Act of 1677 and the English Bill of Rights of 1689 by condemning use of excessive bail. The American example began with the First Congress, which brought about the Eighth Amendment and the Judiciary Act of 1789. However, the Judiciary Act of 1789 did not differentiate between bail before and after conviction. Not until 1946 in the Federal Rules of Criminal Procedure was a distinction clearly made. Little changed until 1966 when Congress supported reasonable bail and enacted the first major change in federal bail law since 1789. “So today we join to recognize a major development in our entire system of criminal justice — the reform of the bail system,” President Lyndon B. Johnson said at the Signing of the Bail Reform Act of 1966. In 1984, Congress replaced the Bail Reform Act of 1966 with new bail law, which allows pre-trial detention of individuals based upon their danger to the community, not just for risk of flight. -------------------------------------------------------------- Author Details: Find out more about the history of bail at Orange County Bail Bonds, www.bailall.com, a family owned and operated business since 1963. Orange County Bail Bonds has provided fast and discreet bail bonds service for Santa Ana bail bonds |
|
|
N/A
| Discount Generic Drugs Discount generic drugs at the leading online pharmacy. Buy online - save your money. - Read more http://www.pharma-express.net/ |
| (0 Reviews. Rating: Total Votes: ) | |
N/A
| Men's Sexual Health Medications Buy generic drugs for erectile dysfunction treatment. - Read more http://www.edpharmaworld.com/ |
| (0 Reviews. Rating: Total Votes: ) | |
N/A
| Men's Health Medications Men's health medications at discount prices. - Read more http://www.discreetpharma.net/ |
| (0 Reviews. Rating: Total Votes: ) | |
N/A
| 'NYDJ' Not Your Daughters Jeans by O C Butcher Stocking a large selection of stylish NYDJ jeans that come in many styles and sizes. Tummy Tuck Jeans, by 'NYDJ' Not Your Daughters Jeans, are simply the 'jeans' that every women has been looking for. - Read more http://www.ocbutcher.co.uk/catalogue/brand/nydj/ladieswear |
| (0 Reviews. Rating: Total Votes: ) | |
N/A
| Laptop Repair Montreal - Computer Repair Montreal Computer Repair Montreal, On site Laptop Repair Montreal, Montreal Computer Repair services, Fix Computer Problems Montreal, Data Recovery in Montreal, Virus Spyware Removal, Computer Networking Montreal, Computer repairs Montreal, where to repair computer laptop in Montreal, Brands: Toshiba, HP, Compaq, Dell, Asus, Acer, Gateway, IBM Lenovo, Sony Vaio. - Read more http://montrealpcsupport.com |
| (0 Reviews. Rating: Total Votes: ) | |
N/A
| billige Mietwagen Kreta Die Autovermietung Creta Car bietet billige Mietwagen Kreta und zuverlässigen, deutschsprachigen Service an. Bereits am Flughafen Heraklion stehen verschiedene Modelle aller Kategorien fuer einen unbeschwerten Urlaub bereit. Alle Preise verstehen sich als Inklusiv Preise, ohne versteckte Kosten. Vollkasko Versicherung ohne SB, freie Kilometer, kostenloser Eintrag eines Zweitfahrers und vieles mehr. Zahlreiche Informationen und Tips zu Ausflugszielen auf http://www.creta-car.de - Read more http://creta-car.de |
| (0 Reviews. Rating: Total Votes: ) | |
PR: 1
| Blog for ChessBaron Chess Sets The worlds leader in supplying chess sets and chess boards from the worlds finest sources. - Read more http://www.chessbaron.biz |
| (0 Reviews. Rating: Total Votes: ) | |
PR: 0
| Manchester Estate Agents Manchester Estate Agents is an estate agent website based solely on properties in Manchester for buying, selling and renting. - Read more http://www.manchester-estateagents.com/ |
| (0 Reviews. Rating: Total Votes: ) | |
PR: 0
| Sculptra Botox CosmeticFacial Rejuvenation NJ At Advanced Skin Wisdom in New Jersey, we provide the latest cosmetic and laser procedures to reduce wrinkles caused by sun damage and aging, tighten skin, even out skin tone, smooth skin texture, and improve acne, helping women and men in the Tri-State area look and feel their best. We offer Botox Cosmetic, Dermal Fillers Juvederm, Restylane, Perlane, Radiesse and Sculptra, Laser Skin Treatments - Photofacials, IPL, Laser Hair Removal, MicroLaserPeel, Fractional Laser Skin Resurfacing, Skin Tightening, as well as Lip Augmentation, Stretch Mark Removal and Acne Scar Removal. - Read more http://www.advancedskinwisdom.com |
| (0 Reviews. Rating: Total Votes: ) | |
PR: 2
| Business Phone systems London - Phone Systems Providers Leading London telecoms provider of business phone systems from top telecoms manufactures Mitel and Panasonic. Online Communications are based in London and been helping small to multi site businesses for over twenty years. Call our sales team for a free quotation if you are looking to upgrade your current business phone system! Are you setting up brand new business if so give us a call we can help with all Digital lines ISDN2e and ISDN30e also VoIP network connections. Our telecoms company can also help with doctor surgeries solutions offering call recording and automated call queuing solutions. Call today on 0845 658 8330. Our motto is we will never be beaten on price! Put us to the test! - Read more http://www.onlinevoicecoms.co.uk |
| (0 Reviews. Rating: Total Votes: ) | |
PR: 2
| Dentist 60652 Dentist Chicago offers dentistry services at chicago. Includes child dental specialist, periodontist, gum disease, oral surgeon, dental implants, orthodontist in Chicago, Illinois, United States. - Read more http://www.archerdentalspecialists.com |
| (0 Reviews. Rating: Total Votes: ) | |
Article Details