Bail

Bail

Bail, in law, obtaining the release from custody of a prisoner by depositing a security to guarantee the prisoner’s surrender to proper legal authorities at a given time. The security itself is termed bail or bail bond monies.

A prisoner may be released on bail at the discretion of the court having jurisdiction over the case. In criminal cases, courts may grant or deny bail depending on the severity of the charge; bail is often denied in cases of homicide. When bail is allowed, it is set by the court. The 8th Amendment to the U.S. Constitution prohibits setting “excessive bail.” Should the prisoner fail to appear at the required time, the bail bond is forfeited. See Criminal Procedure. (1)

Bail Explained in the United States of America

(In the U.S. law)

References

See Also

• Criminal Law (in international or comparative law)
• Criminal Procedure (in international or comparative law)

Concept of Bail

Note: explore also the meaning of this legal term in the American Ecyclopedia of Law.

Bail

Bail

Bail

Bail

Bail

Resources

See Also

• Judiciary

Resources

See Also

• Criminal Law
• Criminal Procedure

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See Also

• Bail to the sheriff or bail below

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See Also

• Release on own recognizance
• Civil bail
• Excessive bail
• Jump bail
  

  Resources

  See Also

  • Special bail

  Resources

  See Also

  • Release on own recognizance

  Resources

  See Also

  • Bail to the sheriff or bail below

  Resources

  Notes and References

  1. Encarta Online Encyclopedia

  See Also

  Criminal Procedure: Pretrial Events Bail

  Introduction to Bail

  Bail refers to the security that the accused gives to the court to guarantee his or her appearance at subsequent judicial proceedings. The accused person’s promise to return for trial is secured by some form of collateral, such as money or property, that the accused forfeits if he or she does not show up for trial. The bail system attempts to balance the due process rights of the accused with the state’s need to ensure that a person accused of a crime will return for trial. The amount of bail is fixed by the judge or magistrate.

  Although a money bail system is in place in many states, the trend is to encourage the release of accused persons without attaching financial conditions. If the court believes the accused is likely to return for further proceedings, the court may release the accused on his or her own recognizance-that is, an unsecured promise to return. On the other hand, most jurisdictions either authorize or require magistrates to deny bail for individuals who have demonstrated a high risk of fleeing, such as individuals charged with an offense committed while out of jail on bail, parole, or probation. Similarly, bail is typically unavailable for people charged with offenses that could result in capital punishment (the death penalty). In some jurisdictions, the accused may be preventively detained prior to trial if the prosecution can demonstrate to the court that he or she poses a danger to others.” (1)

  Resources

  Notes and References

  • Information about Bail in the Encarta Online Encyclopedia

  Guide to Bail

  In this Section

  Pretrial Events, Investigation and Arrest, Pretrial Events Booking, First Judicial Appearance, Bail, Preliminary Hearing, Arraignment on the Indictment and Preparation for Trial.