NCJ Number
133274
Date Published
1991
Length
230 pages
Annotation
An examination of commercial bail bonding compares common law alternatives in various countries focusing on pretrial bail law in the United States, but including bail granted by police or the use of summons in other countries. The study's coverage ends January 1, 1989; selection of countries for extensive discussion was based on the usefulness of a given bail system for expanding knowledge about potential varieties of bail types, the extent of available case law on that particular bail system, and the recentness of the available body of case law.
Abstract
The section introducing the international perspective on commercial bail discusses the basis of common law bail systems, the metamorphosis of American bail, and the commercial bail bonding system, and ends with a case study of the Philippines. The development of the common law prohibition against commercial bail bonding is discussed in terms of several countries' laws, and various statutory provisions which have been enacted against commercial bail bonding are described. Various common law alternatives to commercial bail bonding are covered including the recognizance alternative, the criminal penalties alternative, the nonfinancial conditions alternative, and the noncommercial financial security deposit alternative.