There’s a misconception that bail bonds are relatively new, but this couldn’t be further from the truth. In fact, they have been around for a very long time, rooted in ancient legal traditions where people were yearning to strike a balance between public safety and personal liberty while waiting for the trial to occur.
Even though in its inception it was a simple means that ensured the defendant was going to appear in court, in the meantime, it turned into a structured system, particularly with the massive rise of bail bonds.
This topic is quite intriguing to a lot of people, especially because it isn’t discussed a lot. That’s one of the reasons why this guide decided to further explore it to showcase its impact on the entire legal system.
How Everything Started
A couple of interesting facts will be brought up in this section. However, if this piques your interest and you’re willing to dig deeper, then just read their blog because it reveals so much more. So, how and where did everything start?
According to some reports, it goes way, way back to medieval England, approximately around the 13th century. During this time, communities operated on a system known as sureties, where someone who was from the closest circle of people would pledge to give some sort of guarantee that the accused would appear in court.
If they failed to do so, the surety would have to face the consequences, like personal punishment or property forfeiture.
How English Common Law Embraced The Bail
As the English legal system evolved and transformed, similar changes have hit the bail practices. The Magna Carta of 1215 was the one that wanted to openly discuss this problem, thinking that no one should ever be punished or detained without having a fair trial.
In the meantime, a few laws, such as the English Bill of Rights from 1689 and the Habeas Corpus Act, further modified things to ensure that most people who were accused of a certain crime had the right to demand reasonable bail. This was their way of protecting the defendants.
What About The USA?
The American legal system was also ready to fully embrace the concept of bail. With the arrival of commercial bail bonds in the 19th century, the world witnessed a more inventive version of bail bonds.
This innovative version was first seen in San Francisco in 1898 and was established by Thomas and Peter McDonough. They were entrepreneurs who concluded that most accused people weren’t able to pay for their bail out of their own pocket or to have a personal surety.
That’s why they decided to post bail, free of charge, normally a fraction of the entire amount, making freedom tangible for those who thought they would be imprisoned until the trial day. This model became popular very fast, particularly in New York and California.
As you can see, the practice of bail bonds dates back many centuries; however, it seems as if the United States was the one that completely transformed them. However, none of this would ever be possible without the communities who were giving their all to buy the freedom of the people they loved.