The bail bond system has strong historical roots and has changed greatly over time. Today, it is an important feature of our legal system, allowing people to be released from jail while they await trial. Let’s look at the history and evolution of bail bonds through significant points:
The Beginning of Bail Bonds
The concept of bail extends back to 1754 BC in Mesopotamia, when rules such as the Code of Ur-Nammu were established for securing release through property or goods. Bail was also a feature of ancient Roman law, allowing a person to remain free if they pledged to attend their trial.
Bail Bonds in Medieval England and the Magna Carta
In the 12th century, the English legal system formalized bail as part of its justice system when the Magna Carta contained provisions for the release of individuals awaiting trial, notably for non-capital offenses. This paved the way for what would become the contemporary bail system.
The Rise of Bail Bonds in the USA
The practice of using bail bonds originated in the United States in the mid-1800s, when Peter P. McDonough opened a bail bonds business in New York City. Bond agents began to provide financial guarantees in exchange for a non-refundable charge, allowing those who couldn’t afford bond to remain free. Since that time, bail bond companies have become an important part of the criminal justice system.
Bail Bonds: Reform and Modern Day
Reform efforts to make bail more equitable began in the twentieth century, with legislation prohibiting high bail. Today, bail bonds continue to help individuals be released from jail sooner rather than later so they can return to their loved ones and responsibilities while also preparing for trial.