Research Capsule: A History of Bail & Pretrial Release

Criminal Justice, Resources , , ,

Article: A History of Bail and Pretrial Release (pdf)

Author/Publication: Timothy Schnacke, et al / Pretrial Justice Institute

Summary

Bail reform is a work in progress: the origin of pre-trial release pre-dates the Magna Carta (1012 ad)! And it was created to address–what else?–overcrowded jails. That means we’ve been trying to strike the balance between criminal accountability and individual liberty for over a millennium. Conditions for pretrial release may not be excessive and should aim for the least burdensome bail to ensure appearance at preliminary hearing.

Takeaways

  1. Change is possible. Bail standards have varied considerably over the centuries–from a standard of virtually no bail to  The status quo need not prevail.
  2. The US Constitution does not guarantee a right to pretrial release–only that bail may not be “excessive.”
  3. Non-monetary bail is effective. There is no demonstrable benefit to setting low bail rather than release on recognizance or electronic monitoring. Bar associations, civil rights advocates, and academics have urged a default standard of releasing defendants without monetary bail.
  4. Commercial bail bonds drive up the average bail amount. Illinois is one of just four states to have outlawed commercial bail bonds.

Learn more at: www.pretrial.org