Friday, July 12, 2013

Commerical Bail Bonding: Holding the Line on Public Safety

It has become more and more obvious: commercial bail is the last buffer of safety between the innocent public and the "suspected" criminals (that is what "probable cause" means: there is a good faith basis for believing that this person has committed the indicated crime).

Some "barrier of safekeeping" must be established to provide some modicum of protection for the non-criminal persons in the community until the formal question of guilt or innocence of the accused has been sorted out.

So what will constitute that barrier? Pretrial Service Agency oversight? Doesn't work. Own recognizance release? Doesn't work. Deposit bail? No, it doesn't work either? Numerous studies indicate that the "misconduct" rates are unacceptable for each of these designs. That leaves only the financially secured release method provided by the private sector surety insurance industry. It works. The misconduct rates of persons released in this way are acceptable. The numbers prove it. Commercial bail is the only effective safeguard available today.  I look forward to your comments.