Aiton’s Encyclopedia
A Practical Reference Library in Five Volumes — keyed from the public-domain original
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Bail

in legal proceedings, security given to obtain the temporary release of a prisoner, pending the determination of his guilt or innocence. The usual method of procedure is for persons of known integrity and means to sign a bond promising to pay the state a certain sum of money in case the prisoner should fail to appear when summoned to meet the charge against him. The amount of bail is fixed by the court. The prisoner is said to "give bail." Those who sign the bond "go his bail." The design is to prevent innocent persons from being imprisoned on false or malicious charges. Were it not for bail, it would be possible for an enemy to secure a temporary and oftentimes very embarrassing imprisonment by preferring a trumped up and false charge. The law of bail is framed on the assumption that it is better to allow many guilty to go free for a time than to imprison one innocent person. The Constitution of the United States provides that excessive bail shall not be required. In the case of a charge of flagrant crime, such as murder or treason, the court may, at its discretion, refuse to admit a criminal to bail. Going one's bail is an evidence of confidence, not to say of friendship and sympathy. Horace Greeley was assailed very bitterly and unjustly for going on the bond of Jefferson Davis.

Volume I · Aiton’s Encyclopedia