The advantages of bail for the defendant are quite easy to understand. It allows them the right to remain free until the end of the trial period, which if they are innocent means they haven’t had to endure any unwarranted jail time, and if they are guilty gives them that last few weeks, sometimes months with their friends and family before facing their punishment. During the time of a trial it is extremely stressful and being imprisoned during it can make the experience ten times worse and make meetings with lawyers a lot harder, jeopardizing the case.
Disadvantages For The Defendant:
That being said there are some major financial disadvantages for the defendant, which if innocent proves an unwanted, unneeded and unjust waste of money. And if guilty may cause financial ruin to loved ones who just wanted to help.
It is often criticized but in the US, during the trial period the court sets a bail amount in relation to the crime, of which the defendant can pay in order to remain free as long as they attend all the court hearings. (Obviously if they are then found guilty they go to jail). In order to pay such a fee the defendant or often the defendant’s friends or family visit a bail bond agency, who are more than happy to pay the bail for a 10% (sometimes more) non refundable fee. As long as the defendant attends all court related dates the agency gets the bond repaid, yet still keeps that original fee for their services.
The main problem with this, other than profiting off somebody’s poor life decisions (or somebody totally innocent), is the fact that if the defendant skips bail the agency may repossess their home and other assets to cover the bail. If the arrangement was sorted out by a loved one then the debt could fall on to them, when all they may have been doing is trying to help. No mother wants to see their son a criminal.
Advantages For The State:
Allowing a defendant to be released on bail, although maybe risky cuts the funding needed to detain them. Prisoners have to fed and looked after, which isn’t free. Ok the cost of one person isn’t a lot but with thousands of people brought in each week it can cut a considerable amount of expenses.
Although a rather cynical view, if the bail amount isn’t enough to scare the victim in to showing up in court then the state gets to keep the amount which was paid by the defendants bail agency leaving the debt with them.
Disadvantages For The State:
The major disadvantage that the state might face when granting bail is that the defendant may never come back, going on the run or fleeing the country. Although they get paid the bail amount there may be a dangerous criminal on the loose. In the long run this may also waste government spending trying to track down the individual. Many feel it would be safer to keep everyone detained.