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Need for Amendment in Bail Bond

ABSTRACT

This blog examines the subject of bail bond system changes, emphasising the significance of ensuring justice and fairness in the pretrial release procedure. It addresses the salient features of bail bonds, such as their function, potential drawbacks, and purpose. The blog discusses the need for changes to address issues such as the disproportionate effect on low-income people, racial inequities, and the possibility of exploitation. It also considers potential remedies and emphasises the significance of using different pretrial release procedures. The values of justice and fairness can be upheld by society if it supports a fair and efficient bail system.


KEYWORDS: Bail bond, amendments, fairness, justice, pretrial release, Low-income individuals, Racial disparities, Alternative mechanisms


INTRODUCTION

Bail is a long-established component of the criminal justice system that aims to strike a balance between the rights of the accused and the necessity to protect public safety. Criminal suspects might secure their temporary release from custody pending their trial using bail bonds. The present bail bond system has, however, come under fire for having the ability to keep inequities alive. This blog explores the need for bail bond system reforms, including concerns about justice and fairness.


WHAT IS BAIL?

In the criminal justice system, a bail bond functions as a financial agreement that enables the accused to get a short-term release from custody while they await trial. It works by giving the defendant some type of security to guarantee their court appearance. The nature of the offence, criminal history, flight risk assessment, ties to the community, and financial means are some of the variables that affect the bond amount. Bail bondsmen are essential to this procedure because they serve as sureties and raise the money required to post bail on behalf of defendants. They take on financial risk and are in charge of making sure the offender shows up for court hearings. (New Jersy Criminal Justice Reform Act), On the 1st of January 2017, the reform took place and officially ended up the money bail system throughout the state. In its place, a new alternative mechanism was implemented which was based on risk assessment. Detention is no longer based on whether or not you can post bail but on whether you are deemed to be a flight risk or a danger to public safety.

Due to potential inequalities, less fairness, racial disparities and unscrupulous practices, the bail bond system has drawn criticism; this has brought attention to the need for regulation and amendment in pretrial release methods.


CRITICAL ANALYSIS

Analysing the advantages and difficulties of reform is crucial when assessing the possible effects of amendments to the bail bond system. Amendments could lead to improved outcomes for defendants, greater fairness, and a decrease in inequities. To ensure the well-being of communities, issues concerning public safety and flight risk must be carefully addressed. Additionally, it is essential to take into account the function of community support and supervision as it can offer defendants helpful resources and guidance, helping their effective pretrial release and involvement in the criminal justice system. Achieving a fair and efficient bail system depends on striking a balance between these criteria.


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