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Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
An arrest is the act of apprehending and taking a person into custody, usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest.
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may be charged with the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded.
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessarily imply a place of confinement, with bolts and bars, but may be exercised by any use or display of force, lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply an actual confinement in a jail or prison employed for the purpose according to the provisions of the law.
A bounty hunter is a private agent working for bail bonds who captures fugitives or criminals for a commission or bounty. The occupation, officially known as bail enforcement agent, or fugitive recovery agent, has traditionally operated outside the legal constraints that govern police officers and other agents of the state. This is because a bail agreement between a defendant and a bail bondsman is essentially a civil contract that is incumbent upon the bondsman to enforce. As a result, bounty hunters hired by a bail bondsman enjoy significant legal privileges, such as forcibly entering a defendant's home without probable cause or a search warrant; however, since they are not police officers, bounty hunters are legally exposed to liabilities that normally exempt agents of the state—as these immunities enable police to perform their designated functions effectively without fear—and everyday citizens approached by a bounty hunter are neither required to answer their questions nor allowed to be detained. Bounty hunters are typically independent contractors paid a commission of the total bail amount that is owed by the fugitive; they provide their own professional liability insurance and only get paid if they are able to find the "skip" and bring them in.
In finance, a surety, surety bond or guaranty involves a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults. Usually, a surety bond or surety is a promise by a surety or guarantor to pay one party a certain amount if a second party fails to meet some obligation, such as fulfilling the terms of a contract. The surety bond protects the obligee against losses resulting from the principal's failure to meet the obligation. The person or company providing the promise is also known as a "surety" or as a "guarantor".
In tort law, detinue is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor. For an action in detinue to succeed, a claimant must first prove that he had better right to possession of the chattel than the defendant, and second, that the defendant refused to return the chattel once demanded by the claimant.
A bail bondsman, bail bond agent or bond dealer is any person, agency or corporation that will act as a surety and pledge money or property as bail for the appearance of a defendant in court.
In some common law nations, a recognizance is a conditional pledge of money undertaken by a person before a court which, if the person defaults, the person or their sureties will forfeit that sum. It is an obligation of record, entered into before a court or magistrate duly authorized, whereby the party bound acknowledges (recognizes) that they owe a personal debt to the state. A recognizance is subject to a "defeasance"; that is, the obligation will be avoided if person bound does some particular act, such as appearing in court on a particular day, or keeping the peace. In criminal cases the concept is used both as a form of bail when a person has been charged but not tried and also when a person has been found guilty at trial as an incentive not to commit further misconduct. The concept of a recognizance exists in Australia, Canada, Hong Kong, the Republic of Ireland, Scotland, and the United States. Recognizances were frequently used by courts of quarter sessions, for example they make up more than 70% of surviving records for the Bedfordshire Quarter Sessions records.
Taylor v. Taintor, 83 U.S. 366 (1872), was a United States Supreme Court case. It is commonly credited as having decided that a person to whom a suspect is remanded, such as a bail bondsman, has sweeping rights to recover the suspect.
A custody suite is an area within a police station in the United Kingdom designed and adapted to process and detain those who have been arrested, or who are there for purposes such as answering bail.
Pre-trial detention, also known as preventive detention, provisional detention, or Remand is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. However, in the United States, "remand" is rare except in official documents and "kept in custody until trial" is used in the media and even by judges and lawyers in addressing the public. Detention before charge is referred to as custody and continued detention after conviction is referred to as imprisonment.
Cheong Ah Moy v. United States, 113 U.S. 216 (1885), was a case regarding a Chinese woman who—upon her arrival at a San Francisco port from China—was not permitted to stay in that city by reason of the Acts of Congress of May 6, 1882. She was forcibly kept on board another vessel scheduled to sail back to China and had to have someone sue out a writ of habeas corpus to obtain her release.
A parole bond is a deposit of money or property made to the government as surety that a paroled prisoner will not violate the terms of his release. The prisoner may fund the bond himself; or he may borrow from friends or family; or he may obtain the services of a bondsman, in exchange for a fee. Part of the theory behind it is that those who are asked to put up the money or cosign the loan have an incentive to verify that the parolee does not represent an unacceptably high risk prior to helping with his release; and they have an incentive to help him stay out of trouble after his release. The prisoner has an incentive to be on good behavior during his incarceration in order to demonstrate he has reformed and thus would not be at high risk of violating parole. While on parole, the prisoner has an incentive not to violate the terms, lest the bond be forfeited, which would likely cause difficulties in obtaining the surety of family, friends, or bondsmen in the future. Parole bonds are sometimes used as a way of relieving overcrowded prisons. It is based on the very similar concept of bail bonds; and just as with bail bonds, some statutes allow the bondsman to get back all or a portion of the bond by surrendering the prisoner to the authorities. This may require the use of bounty hunters to locate and capture him. Organizations like the National Association of Bail Insurance Companies and the American Legislative Exchange Council (ALEC), a national bipartisan group of conservative legislators, have pressed the idea that financially secured postconviction release works far better than unsecured release.
The 2007 hitman case is an Australian criminal case involving Steven Wayne Spaliviero and Swede Charlotte Karin Lindström. Lindström is so far the only one sentenced for the crime. Spaliviero served 11 years in prison and was released October 2017, but was never charged for the hitman case. The hitman case has been widely reported by media in Australia and Scandinavia.
Bail in Canada refers to the release of a person charged with a criminal offence prior to being tried in court or sentenced. The Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms guarantee the right not to be denied reasonable bail without just cause. That right is implemented by the Criminal Code, which provides several ways for a person to be released prior to a court appearance. A person may be released by a peace officer or by the courts. A release by the courts is officially known as a judicial interim release. There are also a number of ways to compel a person's appearance in court without the need for an arrest and release.
Pretrial services programs are procedures in the United States to prepare cases for trial in court. In most jurisdictions pretrial services programs operate at the county level. Six US states operate and fund pretrial services programs at the state level. The US federal courts system operates pretrial services in all 94 federal districts.
The concept of probation was introduced to Pakistan, then part of British India, in 1923. This initial system amounted to binding over some first-time offenders, without supervision by probation staff, and applied chiefly to young offenders. Reforms and extension to adult offenders were considered but not implemented under British rule, although a form of "probational release" or parole from longer prison sentences was introduced in the then province of Punjab in 1926.
Bail in the United States refers to the practice of releasing suspects from custody before their hearing, on payment of bail, which is money or pledge of property to the court which may be refunded if suspects return to court for their trial. Bail practices in the United States vary from state to state.
Bail in the United Kingdom is the practice of releasing individuals from remand subject to certain conditions which are designed to enable criminal justice outcomes, primarily trials and police investigations, to be completed efficiently and effectively. The right to bail is guaranteed in a wide range of contexts but is not absolute. The legal systems of England and Wales, Northern Ireland and of Scotland each deal with bail in similar but distinct ways. Bail can be granted by the courts, the police and certain other criminal justice authorities including the Serious Fraud Office (SFO) and Financial Conduct Authority (FCA).
References
- ↑ Matthew Hale, Historia Placitorum Coronae (London, 1736), 124–25. Google Books
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