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Laws governing the practice of bail bonds vary by state, [8] although the Uniform Criminal Extradition Act, sponsored by the Uniform Law Commission, has been widely adopted. [8] In the state of California , bail bond agreements [ vague ] must be verified and certified by the California Department of Insurance . [ 9 ]
Another solution is to pass federal laws. This would mean amending the Bail Reform Act of 1984 to explicitly require courts to take into account a defendant's economic status. [64] In states where no reform has yet been acted, some organizations provide not-for-profit bail bonds to allow poor defendants to be released pre-trial.
Bail laws in Australia are similar to the laws of New Zealand and Canada, but are different in each state. Each state holds that there is a prima facie entitlement to bail for most charges upon application by a defendant.
When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up in their discharge; and if that cannot be done at once, they may imprison him until it can be done.
One example of a large bail requirement was a case in Texas where New York real estate heir Robert Durst received a bail of $3 billion. The Durst's lawyer appealed the bail to the Texas Court of Appeals. The court responded that "it could not find a case where bail was set, let alone upheld, at even 1 percent of any of the amounts against the ...
Judges who have had to apply an arcane “Bail Bench Book” in determining bond for perps have also had to undergo training sessions and use “cheat sheets” in court just to determine whether ...
State laws vary widely as to the legality of the practice; Illinois, Kentucky, Oregon, and Wisconsin have outlawed commercial bail bonds, while Wyoming offers few (if any) regulations governing the practice. [1] An Afro-Brazilian bounty hunter looking for escaped slaves in an 1823 portrait by Johann Moritz Rugendas.
Some states have passed laws imposing mandatory death penalties in certain cases. The Supreme Court found these laws unconstitutional under the Eighth Amendment, in the murder case of Woodson v. North Carolina, 428 U.S. 280 (1976), because these laws remove discretion from the trial judge to make an individualized determination in each case. [61]