Glossary B

Bail

Money or property deposited with the court to ensure that a criminal defendant will appear for trial. It is not a fine or a punishment, but a mechanism to guarantee court attendance while the defendant remains presumed innocent.

Money or property deposited with the court to ensure that a criminal defendant will appear for trial. It is not a fine or a punishment, but a mechanism to guarantee court attendance while the defendant remains presumed innocent.

Example: In United States v. Salerno (1987), the Supreme Court upheld the Bail Reform Act of 1984, ruling that pretrial detention without bail is constitutional if the government proves the defendant poses a significant flight risk or danger to the community.

Common misconception: Bail is a fee paid to the government for release. Bail is a refundable deposit (or a bond posted by a bail bondsman for a non-refundable fee) intended solely to ensure court appearance, not to punish the defendant before conviction.