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Definition:
Whenever someone is charged with a crime, there is inevitably some period of time between
the actual arrest and the trial. Because of this, an accused person is often given the chance
to be free during this period - but at the cost of promising money and/or property should they
fail to appear at the trial. Why? Because, otherwise, the important presumption of
innocence would be violated in fact, if not in theory. Freedom also allows a person
to better prepare for their defense at trial.
The concept of bail has a long history in English common law. As far back as 1689 in the Bill of Rights, English Parliament held that a bail must be reasonable - a principle which was later incorporated into the American 8th Amendment to the Constitution.
Also Known As: none
Alternate Spellings: none
Common Misspellings: none
Related Resources:
What are Political and Legal Philosophy
The Philosophy of Politics and the Philosophy of Law are often studied separately, but they are presented here jointly because they both come back to the same thing: the study of force. Politics is the study of political force in the general community, while jurisprudence is the study of how laws can and should be used to achieve political and social goals.What is Philosophy?
What is philosophy? Is there any point in studying philosophy, or is it a useless subject? What are the different branches of philosophy - what's the difference between aestheitcs and ethics? What's the difference between metaphysics and epistemology?
