The Bail System In The United States.


Bonds are not uniquely an American entity. In fact, its origins predate America.

Bail bonds date back to at least 13th-century England. At that time, the class divide unjustly affected lower-class people who were accused of crimes. Only wealthy individuals who owned land were capable to pay for their crimes.

As a result, bail bonds became a common business practice. Bail bondsmen began taking a percentage of the bail and paying the rest to someone who was on trial. It was not until the 17th century that England established provisions for surety bonds. The Habeas Corpus Act of 1679 created rights and freedoms for all.

Americans inherited the English bail system. Although it has been repreasented in the structure of the American judicial system, bail bonds have gone through quite a few changes throughout time.

The earliest legal provision regarding bail was the Judiciary Act of 1789. This law made bail available to anyone not charged with a capital offense. It wasn’t until 1966 that bail bonds finally began to change, when Congress passed the Bail Reform Act. This law gave all defendants without the means to pay their bail the right to be released on a fair bail in which helped curb discrimination. This gave poor defendants a constitutional right to bail, however, judges could refuse bail if they viewed defendants as a flight risk. This law went through several amendments in the following decades.

The most notable was the Bail Reform Act in 1984. This bill was intended to close a loophole that allowed violent criminals to walk free while awaiting trial, ensuring that dangerous defendants were jailed until trial.

How Bail Works

Every time a person is arrested either because they committed a crime or because they are the main suspect of an act committed, they must first be processed in police custody (DATA ENTRY), to determine under what conditions they can be released. .

Bail is a way to release said defendants while their cases are investigated as this can prevent innocent defendants from being in prison. Some factors must be determined first before releasing someone on bail, during this process the judges must be sure that this person will return to their court dates, for that they must be aware of their biography, such as, where you have lived in recent years, academic level, your family, work, etc.

If the released person does not appear before the Judge when required, the bail can be considered lost. If it was a deposit of money, it is transferred to the State and if it is personal or things were affected, execution will be promoted until the amount of the bail is covered.

Everyone is innocent until proven guilty, it also costs money to keep someone in pre-trial detention but it cannot be ruled out that the accused could escape by being released on bail before trial.


So the bail is based on the risk assessment, For example, it is unlikely that a person who has a life made in a certain place is going to escape leaving behind their family,  job, house, friends and everything everything they have and start from scratch in another city, state or country.

 Apart from this, this is a right that we have but not all apply, if a person does not have a job, has a job but not permanent, lives with his parents but does not pay the rent, does not have children, has children but not in his custody, has not finished high school, etc. it is less likely that he will be released on bail, it is possible if the community knows him and evaluates him, but for this to be released he must first look for a temporary job and a manager will be assigned to him who will be in charge of is following the rules, he will not run away and he will make sure that he goes to court when requested.

Examining his criminal record, the judge will be able to determine whether or not the person is considered a danger to the community/population, Example, a person with a serious criminal history, be it carrying an illegal weapon, drug sales, robbery, armed robbery, homicide, kidnapping, etc, will not be easily released on bail as they are considered dangerous and may become capable of anything.

These bills have helped everone to have the right to ask for bail and be fairly judged of their crime and future evaluation, not if they are rich or poor.