Origins of Bail Law in the USA

Bail Bonds Indianapolis 317-876-9600

Bail Bonds Indianapolis 317-876-9600

Bail law dates back all the way to the time of our founding fathers. After the Declaration of Independence went into effect in 1776, the majority of colonies abandoned the English law for bail, and instead, adopted their own versions. For instance, Section 9 in the Virginian Constitution of 1776 stated, “excessive bail ought not to be required…”, and in 1785 added, “Those shall be let to bail who are apprehended for any crime not punishable in life or limb…But if a crime be punishable by life or limb, or if it be manslaughter and there be good cause to believe the party guilty thereof, he shall not be admitted to bail.” Similarly, Section 29 in the Pennsylvanian Constitution of 1776 stated, “Excessive bail shall not be exacted for bailable offenses.” And to this very day, the 8th Amendment in the U.S. Federal Bill of Rights reads, “Excessive bail shall not be required, nor excessive fines imposed,
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.

Indianapolis Bail Bonds

Woods Bail Bonds

Woods Bail Bonds 317-876-9600

Call Woods Bail Bonds at 317-876-9600 to get out of jail in Indianapolis, fast. Owner, James Woods, and his licensed team of bail bondsmen, are eager to help you post bond in over 30 Indiana counties! We offer a wide range of bail bond services, as well as, free quotes, free jail information, and free pick-up and drop-off services to and from our office. Call 317-876-9600 to request a free estimate for Indianapolis bail bonds, today!