Most people have heard of bail, even if they have never attended a hearing or arraignment. Shows about law and police work often depict courtroom scenes where the criminal is set a certain amount of bail and then released from custody.
The purpose of bail is to help ensure that a person accused of a crime does not leave town or miss specified trial dates in court. The accused must pay a certain amount of money that is held as collateral until the person's case is over.
However, why is bail an essential part of the criminal justice system? Why was it implemented in the first place? Here's why bail is so important to every criminal case.
One of the basic protections afforded to all people, whether guilty of a crime or not, is the presumption of innocence. The presumption of innocence is at the core of all criminal legal matters, and it is important because the role of the justice system is not to find and imprison as many people as possible, but instead to protect the innocent and keep the public safe.
The mantra "innocent until proven guilty" is also essential for the unfolding of any criminal case. When a person is arrested, they are not convicted of a crime. They are arrested so they might stand trial for the crime for which they are accused. Therefore, it is not right to hold an innocent person in prison for an extended period of time without a conviction.
However, the assumption of innocence has its challenges for the justice system. People who are guilty but who have not yet been convicted could use time not in prison to leave town or go into hiding. People who have committed dangerous crimes could endanger more people while awaiting trial.
This is where bail comes into play. Judges can release those who have been charged with specific crimes on the understanding that they will appear for further court proceedings. Bail allows the justice system to protect each person's right to be presumed innocent until guilt is proven, while still protecting the interest of the public safety.
Another important role that bail plays in the criminal justice system is to reduce the burden on the taxpayer. It is costly to hold all accused persons in the custody of the state until a trial date can be set. For areas with much criminal activity, a trial can take several months to come about.
