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The bail system is further criticized for being arbitrary in how it is applied. [63] [79] Legally, bail determination is based on four factors: seriousness of the crime, ties to the community, the flight risk posed by the defendant, and the danger posed by the defendant to the community. California Penal Code section 1269b provides an example ...
The Bail Act also nullified the recognizance system, removing the requirement of paying a specific amount of money and instead arresting defendants for failing to surrender. The Bail Act created a qualified right to be granted bail before conviction, except for when certain factors applied. [ 39 ]
Illinois residents caught up in the criminal justice system collectively forked over an average of nearly $150 million a year in bail between 2016 and 2019. Those who couldn't pay up were put in jail.
Though other states have tried, Illinois is the first in the nation to eliminate cash bail as a condition of pretrial release for criminal defendants
The Eighth Amendment was adopted, as part of the Bill of Rights, in 1791.It is almost identical to a provision in the English Bill of Rights of 1689, in which Parliament declared, "as their ancestors in like cases have usually done ... that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Many district attorneys and the bail bond industry oppose changing the system and state law sets a blanket bail requirement for failure to appear. Nonetheless, Bland thinks moral suasion can ...
A bail bondsman, bail bond agent or bond dealer is any person, agency or corporation that will act as a surety and pledge money or property as bail for the appearance of a defendant in court. Bail bond agents are almost exclusively found in the United States because the practice of bail bonding is illegal in most other countries.
Activists argue that cash bail is an unseemly system that unfairly targets minorities. At the same time, the practice is fundamentally American and thus resistant to change.