What is the purpose of bail?

The purpose of bail is fundamentally to ensure a defendant's appearance in court. When a person is charged with a crime, they may be released from custody under the condition that they pay a specific amount of money, known as bail. This system allows individuals to maintain their freedom while waiting for their trial, fostering the presumption of innocence until proven guilty. The primary intention behind setting bail is to provide an incentive for defendants to return for their scheduled court dates. If they fail to appear, they risk losing the bail amount and could face additional legal consequences.

In contrast, the goal of bail is not to punish the defendant, compensate the victim, or serve as a deterrent for future crimes. Rather, it is focused on balancing the defendant's rights with the necessity for them to participate in the judicial process. This illustrates the legal principle that a person should not be deprived of their liberty without just cause, especially when they are awaiting trial.