Bail has been a part of our criminal justice system in the US since the very beginning, having been part of the English criminal law system from at least the 11th Century. Long before there was a United States, defendants in criminal cases have been granted a release from jail by putting up valuable property as a means of guaranteeing their return for trial.
But why does bail still exist today? There are several good reasons: reducing crowding in jails, allowing defendants to better prepare their defense, letting defendants keep their jobs while they await trial, and – perhaps above all – respecting the fact that in the United States, all defendants are considered innocent until they are found guilty.
In this month’s article, we’ll take a look at these reasons and others why it’s in the state’s and the public’s best interest to allow for bail and pre-trial release for most defendants.
Bail Exists Because Defendants Are Presumed Innocent
You’ve heard it said a million times, but may not have ever given it any real thought: in the US, people are innocent until proven guilty.
It’s easy to forget that pre-trial detainees aren’t convicts. Until they enter a plea of guilty or a jury of their peers returns a verdict of guilty, they are not serving a sentence, they’re just waiting for their trial date. In the majority of these cases, there’s no reason not to allow the defendant to go about their life – remember, they’re still considered innocent – until they’re convicted or acquitted in court.
Bail allows defendants to have the liberties and freedoms that they should continue to enjoy until they plead guilty or are convicted of an offense.
Bail Exists to Reduce Crowding in Jails
Overcrowding of our nation’s jails and prisons has become a major topic at nearly every level of our national conversation. When a jail is holding more than its intended capacity, it causes a wide variety of problems:
- Overcrowded prisons frequently experience health and safety concerns, including communicable diseases, poor sanitation, and inadequate dining and sanitation facilities.
- Inmates in overcrowded detention facilities suffer from a higher rate of negative psychological and emotional conditions
- Violence is more prevalent in overcrowded jails and prisons
- Security is a bigger challenge for overcrowded prisons, and staffing levels are often too low to deal with the expanded population.
More than 69% of the individuals in city and county jails across the US are being detained while they await trial. While some of those individuals have been denied bail for various reasons, most are still in jail because they cannot afford to make a bail payment or afford a bail bondsman.
By letting defendants be released from jail while they wait for their trial, bail helps reduce crowding in city and county jails across the country.
Bail Exists to Allow Defendants to Prepare Their Defense
The right to a vigorous defense is so core to our American justice system that it’s one of only two rights that are explained to every defendant when they are arrested or detained for questioning; the other is the right to refuse to answer questions (“…the right to remain silent.”)
Preparing a criminal defense is an involved process. For even a minor offense, defendants will need to meet with their lawyer multiple times. For more serious offenses, defendants may need to spend significant time with their legal team, going over testimony, answering questions, and discussing overall strategy. Doing so from the confines of a jail cell is extremely difficult.
When defendants are released on bail, they have more flexibility and availability to be a part of preparing their own defense. If the defendant is innocent, there’s less likelihood for them to be wrongly convicted. If they’re guilty, there’s a greater chance that they’ll make a plea agreement with the prosecution and save the system the expense and time of a trial.
Bail Exists to Allow Defendants to Continue Working
Being arrested, in and of itself, can be harmful to a defendant’s employment, despite the fact that an arrest is not proof of guilt. And when that arrest is followed by several weeks’ or months’ detention while waiting for trial means almost certain termination.
But, when a defendant is released on bail, they may be able to keep their job and continue providing for their family until their case is closed. If they’re acquitted or charges are dropped, then the defendant has not unfairly lost their job because of the arrest. If they’re convicted at trial or plead out, they have at least been able to work and earn during the pre-trial period.
In some cases, if a defendant is not released on bail, their families will suffer financial insecurity and may be required to rely on social services and public funds to stay fed, clothed, and housed – increasing the taxpayer’s burden arising from the case.
Arrested in Macon-Bibb County? Don’t Wait in Jail; Call All State Bonding: 478-745-1966
All State Bonding is located in downtown Macon, directly across the street from the Bibb County Jail. We’re available 24/7, and all our bonding decisions are made on-site, so you never have to wait for an answer.