Month: February 2021

American Bail Is Sky-High; Bail Is A Privilege?

Many people can’t help but question the fact that only the rich have the right to accept such a sky-high bail system. Some people even point out that it is a product of the decadent bourgeoisie in the West.

Memorial homepage created by a friend of the victim: Call for the punishment of the murderer

Putting aside all prejudices, does the creation of sky-high bail in the United States mean that the American bail system is really a luxury for the rich? Is it true that the US bail system is really useless and has no merit?

In most cases, in the United States, even in major criminal cases, the application of bail to criminal suspects and defendants has basically become a principled practice, and the use of detention measures has become an exception.

The court must not refuse bail applications for non-statutory reasons. This attitude toward criminal suspects and defendants has almost become the capital for Americans to promote the value of human rights in the world. In Americans’ eyes, the accused in all criminal cases are legally innocent until the judicial authority formally convicts them. U.S. law pursues the principle of “presumption of innocence,” which is a stubborn worldview of freedom in the eyes of many people.

According to our country’s laws, generally, only those who are deemed likely to be sentenced to surveillance, detention, or independent application of additional penalties by the court, procuratorial organ, or public security organ can be released on guarantee pending trial. Besides, there are special circumstances. Only women who have serious illnesses, cannot take care of themselves, are pregnant, or are breastfeeding their babies can be insured.

Considering the characteristics of the American legal system, each state has its own regulations on the bail system but generally speaking, and U.S. law does not stipulate that only a judge can decide whether a criminal suspect and defendant are released on bail and the amount of bail.

 In the United States, in addition to the power of judges of the lower courts to decide bail following the law, the law also authorizes certain judicial personnel to make bail decisions. In some places where minor offense bail schedules are provided, judicial police also have the right to decide bail. From this point of view, bail in the context of American law is not the judge alone. Judges (including judicial police and other enforcers, of course) have very little discretionary powers on bail and more just act following the law.

To sum up

The soaring price of bail in the United States has brought panic to those of us across the ocean. Some people will be scornful of the bail system in the United States because of this, fortunately, that they do not live in such a wicked capitalist society.