Although bail bonds are a prominent part of the modern American criminal justice system, they’re descended from the original British bail system implemented during the Middle Ages. Though the particulars have changed considerably, the same general idea is the same: courts have the discretion to set bail amounts, and suspects have the right to post bail when courts offer it. Learn more about how the American bail system developed over time with the brief overview below.

Bail Bonds Through the Years

Eighteenth Century

In the Judiciary Act of 1789, lawmakers established that all noncapital offenses could be considered bailable. For capital offenses, bail was left up to the discretion of the presiding judge. Specific provisions were included, however, to limit judges from imposing excessive bail amounts.

Twentieth Century

The bail bond system in the U.S. stayed largely the same until the middle part of the twentieth century. In 1966, Congress passed the Bail Reform Act. The goal of this legislation was for criminal suspects to be released on their own recognizance without imposing a significant financial hardship. Until this time, judges imposed outsized bail amounts that few suspects could afford, despite the provisions of the Judiciary Act of 1789. Poor suspects in low-level crimes were imprisoned for months at a time prior to trial, losing jobs, incomes, and families in the process. The Bail Reform Act placed major restrictions and parameters around bail amounts to address these issues.

In 1984, a new Bail Reform Act replaced the old one. This one addressed a pervasive and critical issue omitted from the original: the matter of dangerous criminals being allowed to post bail as long as they weren't considered a flight risk. Stricter limitations were placed on those suspects who were seen as a particular detriment to public safety, those charged with heinous crimes, and those who were deemed a substantial risk for jumping bail and skipping town.

When you need bail bonds, trust the professionals at DiAdamo-Tracey & Big Steve Bail Bonds in East Haven, CT. For more than 60 years, they have been helping people post bail as quickly as possible. With affordable rates, compassionate service, and attention to the smallest detail, they aim to make the experience of posting bail as fast and stress-free as possible. Call (203) 787-2245 or visit them online to start the process.