Bail is a familiar part of the criminal justice system, but many people don’t fully understand why it exists or what purpose it serves. When someone is arrested, the court may set a bail amount that must be paid for release until trial. But bail is not meant to be punishment—it serves a specific function within the legal system.
The History of the Bail System
The bail system has existed for centuries. In medieval England, sheriffs controlled jails and decided who could be released before trial. This unchecked power led to corruption and abuse.
In 1275, the Statute of Westminster limited sheriffs’ authority by defining which crimes were bailable and which were not. However, bail amounts were still left to the discretion of sheriffs, leading to continued inequality.
By 1677, control over bail conditions was transferred to magistrates. In 1689, laws were enacted making excessive bail illegal. Despite these changes, many people—especially the poor—remained incarcerated simply because they could not afford bail.
The American colonies modeled their judicial system after England’s. The Judiciary Act of 1789 established that all crimes were bailable except capital offenses, although judges retained discretion when setting bail.
How Judges Decide Bail
When determining whether bail should be granted and at what amount, judges consider multiple factors:
Bail Schedules
Most courts use bail schedules that recommend standard bail amounts for specific offenses, though these vary widely by jurisdiction.
Nature of the Crime
More serious or violent crimes typically carry higher bail amounts or may be denied bail altogether.
Criminal History
First-time offenders often receive lower bail than repeat offenders.
Risk of Flight
Judges evaluate employment history, family ties, financial resources, community connections, use of aliases, and other factors to determine whether a defendant is likely to flee.
Risk to Public Safety
Courts must consider whether releasing the defendant poses a danger to others.
The Purpose of the Bail System
The bail system exists for several important reasons:
Presumption of Innocence
Because individuals are presumed innocent until proven guilty, bail allows defendants to remain free while awaiting trial rather than spending unnecessary time in jail.
Reducing Jail Overcrowding
Bail helps prevent overcrowding in jails and prisons by allowing eligible defendants to remain in the community.
Lowering Taxpayer Burden
Housing inmates is costly. Bail reduces expenses related to food, medical care, and housing that taxpayers would otherwise bear.
Ensuring Court Appearances
The primary purpose of bail is to ensure defendants return for scheduled court dates. Financial responsibility or collateral provides a strong incentive to comply.
The Problem Bail Bonds Were Created to Solve
A major flaw in early bail systems was that only people with money could afford release. Those without financial resources remained incarcerated regardless of guilt or risk.
In 1898, the first bail bonds business was founded in San Francisco by Peter P. McDonough. Bail bonds provided a way for people who could not afford bail to secure release. A bail bond is a surety agreement in which the bondsman posts the full bail amount. In return, the defendant pays a non-refundable fee—typically 10%—and provides collateral.
If the defendant fails to appear in court, the collateral may be forfeited to reimburse the bondsman.
Why the Bail System Still Matters Today
The bail and bond system helps balance public safety, court efficiency, and fairness. While the system has evolved over time, it continues to serve as a way to level the playing field and protect individual rights while ensuring accountability.
If you’ve been arrested or need help understanding the bail process, call Mercy Bail Bonds at (727) 856-7775 anytime, day or night. We’re here to help.