Bail in United States
Bail Definition
(Fr. bailler, to deliver). Those persons who become sureties for the appearance of the defendant in court. The delivery of the defendant to persons who, in the manner prescribed by law, become security for his appearance in court. The word is used both as a substantive and a verb, though more frequently as a substantive, and in civil cases, at least, in the first sense given above, in its more ancient signification, the word includes the delivery of property, real or personal, by one person to another. Bail Above. Sureties who bind themselves either to satisfy the plaintiff his debt and costs, or to surrender the defendant into custody, provided judgment be against him in the action, and he fail to do so. Sellon, Prac. 137. Ball to the Action. Ball above. Bail Belqw. Sureties who bind themselves to the sheriff to secure the defendant’s appearance, or his putting in bail to the action on the return day of the writ. It may be demanded by the sheriff whenever he has arrested a defendant on a bailable process, as a prerequisite to releasing the defendant. ‘ Bail to tlie Sheriff. Bail below. Civil Bail. That taken in civil actions. Common Bail. Fictitious sureties formally entered in the proper oflBce of the court. It is a kind of bail above, similar in form to special bail, but having fictitious persons, John Doe and Richard Doe, as sureties. Filing common bail is tantamount to entering an appearance. Speoiat Bail. Responsible sureties who undertake as bail above. Bail in Error. The bond given to secure a stay of proceedings on writ of error. In Canadian Law. A lease. See Merlin, Repert. Bail. Bcuil emphyteotHque, a lease for years, with a right to prolong indefinitely. 5 Low (U.S.) 881. It is equivalent to an alienation. 6 Low. (U.S.) 58.
Bail in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Bail | Bail in the World Legal Encyclopedia. |
| Bail | Bail in the European Legal Encyclopedia. |
| Bail | Bail in the Asian Legal Encyclopedia. |
| Bail | Bail in the UK Legal Encyclopedia. |
| Bail | Bail in the Australian Legal Encyclopedia. |
Browse the American Encyclopedia of Law for Bail
Scan Bail in the appropriate area of law:
| Link | Description |
|---|---|
| Bail | Bail in the Family Law Portal of the American Encyclopedia of Law. |
| Bail | Bail in the IP Portal of the American Encyclopedia of Law. |
| Bail | Bail in the Commercial Law Portal of the American Encyclopedia of Law. |
| Bail | Bail in the Criminal Law Portal of the American Encyclopedia of Law. |
| Bail | Bail in the Antritrust Portal of the American Encyclopedia of Law. |
| Bail | Bail in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Bail | Bail in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Bail | Bail in the Tax Law Portal of the American Encyclopedia of Law. |
| Bail | Bail in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Bail | Bail in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Bail | Bail in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Bail | Bail in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Bail in the Dictionaries | Bail in our legal dictionaries |
| http://lawi.us/bail | The URI of Bail (more about URIs) |
| Bail related entries | Find related entries of Bail |
Legal Issue for Attorneys
(Fr. bailler, to deliver). Those persons who become sureties for the appearance of the defendant in court. The delivery of the defendant to persons who, in the manner prescribed by law, become security for his appearance in court. The word is used both as a substantive and a verb, though more frequently as a substantive, and in civil cases, at least, in the first sense given above, in its more ancient signification, the word includes the delivery of property, real or personal, by one person to another. Bail Above. Sureties who bind themselves either to satisfy the plaintiff his debt and costs, or to surrender the defendant into custody, provided judgment be against him in the action, and he fail to do so. Sellon, Prac. 137. Ball to the Action. Ball above. Bail Belqw. Sureties who bind themselves to the sheriff to secure the defendant’s appearance, or his putting in bail to the action on the return day of the writ. It may be demanded by the sheriff whenever he has arrested a defendant on a bailable process, as a prerequisite to releasing the defendant. ‘ Bail to tlie Sheriff. Bail below. Civil Bail. That taken in civil actions. Common Bail. Fictitious sureties formally entered in the proper oflBce of the court. It is a kind of bail above, similar in form to special bail, but having fictitious persons, John Doe and Richard Doe, as sureties. Filing common bail is tantamount to entering an appearance. Speoiat Bail. Responsible sureties who undertake as bail above. Bail in Error. The bond given to secure a stay of proceedings on writ of error. In Canadian Law. A lease. See Merlin, Repert. Bail. Bcuil emphyteotHque, a lease for years, with a right to prolong indefinitely. 5 Low (U.S.) 881. It is equivalent to an alienation. 6 Low. (U.S.) 58.
More Resources
Access Points to the American Encyclopedia of Law
Access to the Encyclopedia is provided by alphabetical arrangement of entries, table of cases, table of laws, briefs and tables of contents.
Legal Thesaurus Dictionary
Because some legal concepts are too complicated to compress to a single word or term, the legal thesaurus dictionary allows the reader to search for groups of terms, including synonyms, antonyms, expanded legal meanings and other terms the reader is likely to use. The resource includes lists, synonym rings , subject categories, taxonomies and a number of schemes.
Legal Indexes
The Index is a collection of entries to allow users to locate information in the Lawi Projects. After write down relevant words and phrases that you need, begin looking up the words and phrases using the index until you have located an applicable subject to review.
Indexes of All Encyclopedias:
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | Z
| Index | Description |
|---|---|
| General Index | Index of general information about the Encyclopedia |
| Classified index | Headings arranged on the basis of relations among concepts represented by headings, based on the Lawi Classification Scheme |
| Topical Index | A comprehensive and easy guide to the topics of the legal Encyclopedia |
| Citation Index | Index of links between citing and cited entries |
| Subject Index | Identify and describe the subjects of the Encyclopedia |
| Alphabetical Index | A-Z Index of all the Entries |
| Thematic Index | Correlation of terms in a meaningful hierarchical order |
| Permutation Index | A type of index in which significant words in the titles function as subject headings |
| Browse Index | Browse the Encyclopedia by Index |
| Sitemap Index | Sitemap Index, including Taxonomies |
Notice
This definition of Bail Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Plain-English Law
Bail as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):
The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all required court appearances.
Practical Information
Note: Some of this information was last updated in 1982
The security given the court (in U.S. law) to obtain the release of a prisoner and insure his or her later appearance at trial. The security as well as the persons who give it is known as bail. A bail bond is the document evidencing the monetary obligation to the court, signed by the defendant and those who put up the money for the defendant’s release. The obligation is extinguished when the defendant appears at trial.
What is Bail?
For a meaning of it, read Bail in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Bail.
Bail
United States Constitution
According to theEncyclopedia of the American Constitution, about its article titled BAILBail is the prevailing method by which American law has dealt with a puzzling problem: what to do with a person accused of crime during the time between arrest and trial? Imprisonment imposed before trial subjects one who has not been and may never be convicted to
disabilities that have all the
(read more about Constitutional law entries here).
Some Constitutional Law Popular Entries
- Constitutional Law Outline
- Constitutional Law Outline (United States)
- Constitutional Lawyer
- Constitutional Law of India
- Constitutional Law Definition
- Constitutional Law Cases
- Constitutional Law Cases (United States)
Bail
United States Constitution
According to theEncyclopedia of the American Constitution, about its article titled BAIL In 1986, when the Encyclopedia of the American Constitution was first published, some scholars maintained that the Eighth Amendment’s prohibition of “excessive bail” implied a right to bail in all noncapital cases. Others argued that the clause afforded no right to bail in any case.
(read more about Constitutional law entries here).
Some Constitutional Law Popular Entries
- Constitutional Law Outline
- Constitutional Law Outline (United States)
- Constitutional Lawyer
- Constitutional Law of India
- Constitutional Law Definition
- Constitutional Law Cases
- Constitutional Law Cases (United States)
Concept of Bail
In the U.S., in the context of Judiciary power and branch, Bail has the following meaning: To win release from custody prior to trial an accused person may in many cases deposit or pledge some form of capital (money or property) with a court as a promise to return and submit to the court’s jurisdiction at a specified time and place. If the accused fails to appear, bail is forfeited and paid over to the court. The amount of bail is determined by a judge but the constitution requires that bail should be reasonable, that is, appropriate to the crime. Bail may not be available in all courts for all crimes, especially the most heinous. As with release to personal recognizance, a grant of bail my rest on a court’s judgment of the accused’s reputation, potential threat to the community, and flight risk. (Source of this definition of Bail : University of Texas)
Bail
Bail Explained
References
See Also
- Criminal Law
- Criminal Procedure
Bail
Resources
Further Reading
- Bail, Not Jail, For More Defendants, Nagel, Stuart S. and Neef, Marion, 60: 172-178 (Nov. ’76, AJS Judicature)
- The pretrial release decision, Clark, John and Henry, D. Alan, 81: 76-81 (Sept.-Oct. ’97, AJS Judicature)
-
Resources
See Also
- Judiciary Power
- Judiciary Branch
Bail Explained
References
See Also
- Criminal Law
- Criminal Procedure
Resources
See Also
- Legal Topics.
- Criminal Law
- Criminal Procedure
- Judiciary Power
- Judiciary Branch
- Criminal Law
- Criminal Procedure
- Information about Bail in the Gale Encyclopedia of American Law.
- Criminal Law
- Criminal Procedure
- Judiciary Power
- Judiciary Branch
- Criminal Law
- Criminal Procedure
- Financial Release
- Courts
- Pretrial Release and Services
Appeal; Arraignment; Capital Punishment: Legal Aspects; Civil and Criminal Divide; Jails; Prediction of Crime and Recidivism; Preliminary Hearing; Trial, Criminal.
Due Process of Law; Eighth Amendment; Recognizance.
Related Case Law
Carlson v. Landon, 342 U.S. 524 (1952).
Schall v. Martin, 467 U.S. 253 (1984).
Stack v. Boyle, 342 U.S. 1 (1951).
U.S. v. Edwards, 430 A.2d. 1321 (1981).
U.S. v. Salerno, 481 U.S. 739 (1987).
Further Reading (Books)
Angel, Arthur; Green, E.; Kaufman, H.; and Van Loon, E. “Preventive Detention: An Empirical Analysis.” Harvard Civil Rights_Civil Liberties Law Review 6 (1971): 301.
American Bar Association. Pretrial Release Standards rev. ed. Chicago: American Bar Association, 1985.
Beeley, Arthur. The Bail System in Chicago. Chicago: University of Chicago Press, 1927.
Fabricant, Neil. “Bail as a Preferred Freedom and the Failures of New York’s Revision.” Buffalo Law Review 18, no. 1 (1968_1969): 303.
Foote, Caleb. “Compelling Appearance in Court: Administration of Bail in Philadelphia.” University of Pennsylvania Law Review, 102 (1954): 1031.
“The Coming Constitutional Crisis in Bail: I.” University of Pennsylvania Law Review 113 (1965): 959.
Frankfuter, Felix, and Pound, Roscoe. Criminal Justice in Cleveland. Cleveland: Cleveland Foundation, 1922; Montclair, N.J.: Patterson-Smith, 1968.
Goldfarb, Ronald. Ransom: A Critique of the American Bail System. New York: John Wiley and Sons, 1965.
Goldkamp, John S. Two Classes of Accused: A Study of Bail and Detention in American Justice. Cambridge, Mass.: Ballinger Publishing Co., 1979.
“Danger and Detention: A Second Generation of Bail Reform.” Journal of Criminal Law and Criminology 76, no. 1 (1985): 1_74.
Goldkamp, John S.; Gottfredson, Michael R.; Jones, Peter R.; and Weiland, Doris. Personal Liberty and Community Safety: Pretrial Release in the Criminal Courts. New York: Plenum, 1995.
Further Reading (Books 2)
Epstein, Lee, and Thomas G. Walker. “The Pretrial Period and the Right to Bail.” In Constitutional Law for a Changing America: Rights, Liberties, and Justice. 4th ed. Washington, D.C.: Congressional Quarterly, 2001.
Renstrom, Peter G. Constitutional Rights Sourcebook. Santa Barbara, Calif.: ABC-CLIO, 1999.
Jeffrey T.Coster
Further Reading (Articles)
Bail: A Different Kind of ‘Bonding Moment’, Intelligencer Journal/New Era; September 24, 2013; Johnson, Pat
Bail amounts ‘extremely’ high, Redlands Daily Facts; May 11, 2011; MIKE CRUZ JAMES RUFUS KOREN
Bail law worries defense attorneys, The Record (Bergen County, NJ); February 19, 2008; KIBRET MARKOS, STAFF WRITER
Bail bandits facing longer behind bars, The Scotsman; September 27, 2005; Michael Howie
Bail varies with judges: There are guidelines but no standards for setting fees intended to ensure that defendants don’t flee before court appearances. Reading Eagle (Reading, PA); October 7, 2006
‘Bail bandits’ commit 25,600 crimes, The Scotsman; March 22, 2007
Bail-on-credit worries police, insurers — Seen to undercut incentive to face charges, The Commercial Appeal (Memphis, TN); December 28, 2008; Gillian Flaccus
Bail is set ‘extremely high’, San Bernardino County Sun (San Bernardino, CA); May 11, 2011; Mike Cruz James Rufus Koren
Bail fees a big bonus for court workers, The Boston Globe (Boston, MA); August 18, 1991; Jordana Hart, Globe Staff
Bail and Bail Bond Agents, Gale Encyclopedia of Everyday Law; January 1, 2006
Bail-Bonds Company Reaches across Nation from Greenville, Pa. Knight Ridder/Tribune Business News; August 17, 2001
Some bail officers’ fees push state-suggested limit, The Boston Globe (Boston, MA); August 18, 1991; Jordana Hart, Globe Staff
Bail Bond Industry Protests Santa Clara, Calif., Automatic Bail Tellers. Knight Ridder/Tribune Business News; October 7, 1998; Kaplan, Tracey
Even bail agents feel recession, The Record (Bergen County, NJ); January 4, 2009; GILLIAN FLACCUS, THE ASSOCIATED PRESS
Bail or jail?(today’s trial), LawNow; June 1, 2006; Mitchell, Teresa
Bail, A Matter of Right: Not to Be Denied on the Ground of Nationality, Mondaq Business Briefing; November 4, 2013; Das, Bijoylashmi
THE BAIL QUESTION, The Irish Times; September 30, 1995
San Jose: Bail bonds agencies chafe at proposed city rules, Oakland Tribune; August 19, 2011; John Woolfolk
Bail shake-up plans ‘too little, too late’ McConnell makes stinging attack on judges, The Herald; September 27, 2005; DOUGLAS FRASER and ROBBIE DINWOODIE
Bail in sex crimes could end, AZ Daily Star; April 28, 2002; Tom Beal
Bail in State Statute Topics
Introduction to Bail
The purpose of Bail is to provide a broad appreciation of the Bail legal topic. Select from the list of U.S. legal topics for information (other than Bail).
Concept of Bail
In the U.S., in the context of Judiciary power and branch, Bail has the following meaning: To win release from custody prior to trial an accused person may in many cases deposit or pledge some form of capital (money or property) with a court as a promise to return and submit to the court’s jurisdiction at a specified time and place. If the accused fails to appear, bail is forfeited and paid over to the court. The amount of bail is determined by a judge but the constitution requires that bail should be reasonable, that is, appropriate to the crime. Bail may not be available in all courts for all crimes, especially the most heinous. As with release to personal recognizance, a grant of bail my rest on a court’s judgment of the accused’s reputation, potential threat to the community, and flight risk. (Source of this definition of Bail : University of Texas)
Bail
Bail Explained
References
See Also
Resources
See Also
Bail Explained
References
See Also
Resources
Further Reading
Bail in the Context of Law Research
The Thurgood Marshall School of Law Library defined briefly Bail as: Security given, in the form of bail bond or cash, as a guarantee that released prisoners will present them selves for trial. This security may be lost if the released person does not appear in court at the appointed time.Legal research resources, including Bail, help to identify the law that governs an activity and to find materials that explain that law.
Bail in the Criminal Justice System
This section covers the topics below related with Bail:
Financial Release
Courts in relation with Bail
Pretrial Release and Services
Concept of Bail
In the U.S., in the context of Judiciary power and branch, Bail has the following meaning: To win release from custody prior to trial an accused person may in many cases deposit or pledge some form of capital (money or property) with a court as a promise to return and submit to the court’s jurisdiction at a specified time and place. If the accused fails to appear, bail is forfeited and paid over to the court. The amount of bail is determined by a judge but the constitution requires that bail should be reasonable, that is, appropriate to the crime. Bail may not be available in all courts for all crimes, especially the most heinous. As with release to personal recognizance, a grant of bail my rest on a court’s judgment of the accused’s reputation, potential threat to the community, and flight risk. (Source of this definition of Bail : University of Texas)
Bail
Bail Explained
References
See Also
Resources
See Also
Bail Explained
References
See Also
Resources
See Also
Bail Definition in the context of the Federal Court System
Security (usually in the form of money) given for the release of a criminal defendant or witness from legal custody to secure his appearance on the day and time set by the court.
Leave a Reply