nor cruel and unusual punishments inflicted.”
The Judiciary Act of 1789
Shortly after James Madison wrote the first 10 Amendments in the U.S. Constitution, better known as the Bill of Rights, Congress passed the Judiciary Act of 1789. This act limited the discretion of judges when setting bail, and distinguished which types of crimes were eligible for bail. It states that all non-capital crimes are eligible for bail, and that capital cases are under the judge’s discretion in terms of detaining a suspect prior to trial. Here is a direct excerpt to explain, “Upon all arrests in criminal cases, bail shall be admitted, except where punishment may be by death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein.”
The Bail Reform Act of 1966
Now we jump ahead several decades to 1966, when congress enacted the Federal Bail Reform Act. This act stated that all defendants suspected of non-capital crimes are to be released, pending trial, on their own personal recognizance, or on personal or private bond. However, it also states that this right can be revoked by the judicial officer (magistrate) if they feel that the above-mentioned incentives will ensure the defendant’s presence at trial. This act also eliminates a judge’s discretion in non-capital cases to consider a defendant a danger to the community.
Up to Date
The last major change to bail law was made by congress in 1984. They replaced the Bail Reform Act of 1966 with the current bail law: United States Code, Title 18, Sections 3141-3150. Source: www.law.cornell.edu
The rules of bail vary from state to state, and even among individual counties. It is important to be sure you are getting the right information. To learn more about the current laws surrounding bail in your particular county of residence or criminal charges, contact a trusted bail bond company for professional advice.