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Bail

Part of Speech

Noun, Verb

Pronunciation

/beɪl/

Definitions

  • Noun: The temporary release of an accused person awaiting trial, sometimes on condition of a sum of money being lodged to guarantee their appearance in court.
  • Verb: To release (someone) on bail.
  • Noun: A sum of money paid as a security to ensure that the accused will appear in court when required.

Usage Examples

  • She was granted bail after paying a deposit of $10,000.
  • The lawyer requested the court to grant bail to his client.
  • He was bailed out after his arrest for the alleged fraud.

Etymology

The word "bail" originates from the Old French word "bailer" meaning "to deliver" or "to give." It later developed its legal meaning in the context of delivering someone into the custody of another, especially in relation to court cases. The term further evolved in legal English during the Middle Ages and became associated with the process of releasing prisoners on the condition of monetary security.

Synonyms

  • Bond
  • Security
  • Release
  • Guaranty

Antonyms

  • Imprisonment
  • Detention
  • Incarceration

Translations

Language Translation Pronunciation
Spanish Fianza /fjanθa/
French Caution /ko.sjɔ̃/
German Kaution /kaʊˈtsioːn/
Italian Fideicommissario /fideiˌkom.misˈsaːrjo/
Hindi जमानत /jamānat/
Arabic كفالة /kafāla/
Chinese (Mandarin) 保释 /bǎoshì/
Russian Залог /zalog/
Japanese 保釈 /hōshaku/

Regional Pronunciation Variations

The pronunciation of "bail" remains relatively uniform in English-speaking countries, although regional accents may influence the emphasis or sound. In some British dialects, the vowel may sound closer to the "a" in "bat," while American English typically uses a long "a" sound, as in "day." Regional variations of bail may also appear in legal context across different jurisdictions.

Historical Usage

Bail has been a part of the legal system for centuries, dating back to early English common law. Historically, bail was often set by local lords or magistrates, and the conditions were based on social status or the crime committed. Over time, laws surrounding bail became more formalized, with modern legal systems requiring monetary bonds and the involvement of bail bondsmen to secure release for defendants.

Cultural Nuances

The concept of bail varies across different cultures. In some countries, the use of bail is seen as a fundamental right ensuring that an individual is presumed innocent until proven guilty. However, in others, it may be less common, with detention before trial being the standard practice. In many countries, such as the U.S., the process of bail has become a significant industry, with bail bondsmen playing a role in securing the release of accused individuals.

More Information

Bail plays a critical role in the legal system by balancing the rights of the accused with the interests of the justice system. While it ensures that individuals are not unduly punished before trial, it also seeks to guarantee that those released will return to court. The controversy surrounding bail often centers on issues of fairness, especially in cases where lower-income individuals may find it difficult to meet the required bond. Reform efforts are underway in many parts of the world to address these disparities and ensure a more equitable approach to pretrial release.

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