Origin of Bail Bonds - San Marcos Bail Bonds

San Marcos Bail Bonds: Origin and Changes over Time

20 Jul, 2016//Posted by : aebbvelocityloca//Category : blog

We are very much accustomed to the bail system, and consider it our inalienable right. Have you ever considered where this custom comes from? Here is a brief history of the bail system, from its origins in middle-ages England, and it’s progression to the modern days of San Marcos bail bonds.

The Beginnings in England

The practice of bailing comes from medieval England. The sheriffs in the legal system of England at the time had something of an unlimited power over who stays in prison, and who gets to leave it. They would often accept a bail from those who could afford it and release them until they are called before the judge to answer for the crime. The money received as bail often ended up in the hands of the sheriffs themselves. This practice was curbed by the Statute of Westminster in 1275. It determined who can get bail and who couldn’t.

Welcome Additions – Habeas Corpus

A long time passed until the next piece was added to the mosaic of bail system. In the 17th century, a king imprisoned some of his noblemen, but refused to let them leave on bail. They appealed to the courts, who concluded that the king had denied them rights guaranteed by the Magna Carta against unlawful imprisonment.

To reinforce their rights, the noblemen issued a Habeas Corpus Act of 1679, which stated, among other things, that a magistrate will release prisoners, having taken a surety from them unless they have committed such a crime which is deemed unbailable. This is a paraphrase, of course. It was further strengthened by the Bill of Rights, which stated that an excessive bail should not be set. This was the basis for the 8th amendment to the US constitution.

The USA – the 6th and 8th Amendments

All the legal system of the pre-revolution America was based on the English law, as it was a part of the British colonial empire. The colonies adhered to the rules listed above. Shortly after the Declaration of Independence, all individual states included a form of these rules into their own constitutions.

The 6th Amendment is based on the Habeas Corpus Act of 1679, in that it requires the defendant must be informed of the reason of the imprisonment, and given bail if they are accused of a bailable crime. The 8th Amendment is based on the Pennsylvania Constitution, and on the British Bill of Rights, stating that there should be no excessive bail set for crimes that are bailable.

Judiciary Act of 1789 was introduced by Congress to further specify the details of bail. This act specified which crimes can be bailed and put some constraint on the judges’ freedom in setting bail. Basically, it stated that all non-capital crimes are bailable, whereas judges get to decide on the capital ones.

There have been a few more changes to the system, most notably in the 1966, where the system was relaxed, and then in the 1984, when the system was made stricter again; however, it hasn’t changed essentially.

Bail Bonds in California Today

Originally, the system strongly favored the rich. The poor and the middle class were unlikely to have enough money to post it. So, bondsmen emerged, offering to post the full amount to the court for a fraction of the sum. That was a game changer and everybody was able to exercise their right to post bail. In the USA, bail bonding has been around even before the foundation of the country, so in 1776, when the legal system was designed, they had been considered an integral part of it. And they still are an integral part of the system. If you need bail bonds in San Marcos or anywhere in San Diego County, be sure to contact Affordably Easy Bail Bonds for a prompt and affordable service.

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