Bail and the Evolution of Bail Reform
In this assignment you are going to answer the prompt below based on your readings of Chapter 10 of the textbook, Seigel & Worrall (2022) and the article, "The Facets on Bail Reform and Crime Rates in New York State".
Article: The Facets on Bail Reform and Crime Rates in New York State Links to an external site.
Describe what bail is and the various forms of bail.
Explain the evolution of bail reform, particularly the elimination of cash bail.
Describe the pros and cons that have been offered because of bail reform. Refer to why experts are debating the effects of bail reform.
Provide your opinion on whether you think that the bail reforms have worked or if they have caused additional issues for the Criminal Justice System. You must support your answer from the readings.
Instructions
Answer the questions stated above in a Word document.
Your response should be supported by the material, not your opinion.
Include at least 500 words, but no more than two pages.
Use APA format and include in-text APA citation.
The citation of the textbook and any additional sources in APA style must be after your text.
Your answers should be in complete sentences and in paragraph form.
Format the Word Document as directed.
Times New Roman Font, 12-point double spaced with 1- inch margins on all sides.
Include the assignment number, your name, and the due date at the top of the Word Document.
No title page is necessary.
Grammar and proper sentence structure are a part of the overall grade for the assignment.
Refer to the attached rubric for grading details.
Submit your work to this Canvas assignment page.
This assignment will close at the stated due date and time. Late submissions will be accepted for up to 2 days, however there will be a point deduction.
A bail can be described as a security put forth by an arrested person to the court in exchange for their release before the beginning of the trial. Bail is available to criminal defendants, with the Eighth Amendment of the constitution dictating that a court should not set a bail that can be considered excessive or a form of unusual punishment (Sigel & Worrall, 2022). There are six forms of bail. Full cash bail requires the defendant to pay the bail amount in cash, although some jurisdiction allows property pledges (Sigel & Worrall, 2022). Deposit bail involves the defendant paying a part of the required bail amount returnable upon appearance during the trial. Failure to appear for the trial leads to the liability to pay the bail in full. A surety bail is paid to the court by a bonding agent in terms of percentage, with the bonding agent being liable for the full bail if the defendant fails to show up. Conditional bail involves a pre-trial release where the defendant is required to abide by the court conditions instead of posting the bail in cash. A person who is released without providing any form of bond is released on recognizance in the sense that they make a promise to appear during the trial. Unsecured bond involves the release of a defendant without immediate payment, with the liability to pay the full bail amount activating upon the defendant’s failure to show up for trial.
Notably, bail is usually criticized with some of its opponents terming it as discriminatory towards the poor as they cannot afford it. Some have argued that the imposition of bail ends up being costly for the government in the sense that the government has to cater to the cost associated with detaining those who cannot afford bail. The absence of exact guidelines on the determination of bail is also considered a negative in that the ...