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Bail Jumping Statutes - 1

The penalties of the common law designed to insure the appearance in court of the accused out on bail and to deter him from absconding were limited to forfeiture of the bail bond and contempt of court. These traditional sanctions, however, have been supplemented and bolstered in some jurisdictions through the power of the criminal law by legislative enactment of so called bail jumping statutes. Under these laws the accused is subjected to the criminal punishments of fine and imprisonment for breaching the conditions of his release by willful failure to appear. Such statutes are of comparatively recent vintage. For example, the New York law, said to be the first in the country, was passed in 1928; and the Federal statute was enacted in 1954. The purpose of these penal laws is to improve the administration of justice by creating a personal deterrent to the flight of those who may prefer to forfeit bail; for example, those who prefer to purchase their freedom for the price of the bail bond, or those who feel no financial deterrent as they expect the ultimate loss to fall on impersonal sureties.


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