bail

bail¹

/bayl/, Law.

n.

1. property or money given as surety that a person released from custody will return at an appointed time.

2. the person who agrees to be liable if someone released from custody does not return at an appointed time.

3. the state of release upon being bailed.

4. go or stand bail for, to provide bail for: They spent the night in jail because no one would stand bail for them.

5. jump bail, to abscond while free on bail: The suspect jumped bail and is now being sought.

6. on bail, released or free as a result of having posted bond: He was out on bail within 10 hours of his arrest.

v.t.

7. to grant or obtain the liberty of (a person under arrest) on security given for his or her appearance when required, as in court for trial.

8. to deliver possession of (goods) for storage, hire, or other special purpose, without transfer of ownership.

[1375-1425; late ME bayle < AF bail custody, charge < OF, n. deriv. of baillier to hand over < L baiulare to serve as porter v. deriv. of baiulus porter, perh. an Imperial L borrowing from Moesia < *ba(r)i- carry (akin to Albanian m-ba hold) < *bhor-i-; see BEAR¹]

bail²

/bayl/, n.

1. the semicircular handle of a kettle or pail.

2. a hooplike support, as for the canvas cover on a Conestoga wagon.

3. a metal band or bar equipped with rollers for holding a sheet or sheets of paper against the platen of a printing press, typewriter, etc.

Also, bale.

[1400-50; late ME beyl, perh. < ON; cf. ON beyglast to become bent, equiv. to baug(r) ring (see BEE²) + *-il n. suffix + -ast middle inf. suffix]

bail³

/bayl/, v.t.

1. to dip (water) out of a boat, as with a bucket.

2. to clear of water by dipping (usually fol. by out): to bail out a boat.

v.i.

3. to bail water.

4. bail out,

a. to make a parachute jump from an airplane.

b. to relieve or assist (a person, company, etc.) in an emergency situation, esp. a financial crisis: The corporation bailed out its failing subsidiary through a series of refinancing operations.

c. to give up on or abandon something, as to evade a responsibility: His partner bailed out before the business failed.

n.

5. Also, bailer. a bucket, dipper, or other container used for bailing.

Also, bale (for defs. 1-3).

[1425-75; late ME bayle < MF baille a bucket < VL *bai(u)la; akin to L baiulus carrier. See BAIL¹]

bail⁴

/bayl/, n.

1. Cricket. either of the two small bars or sticks laid across the tops of the stumps which form the wicket.

2. Brit., Australian. a bar, framework, partition, or the like, for confining or separating cows, horses, etc., in a stable.

3. bails, Obs. the wall of an outer court of a feudal castle.

v.t.

4. bail up, Australian.

a. to confine a cow for milking, as in a bail.

b. to force (one) to surrender or identify oneself or to state one's business.

c. to waylay or rob (someone).

interj.

5. bail up! Australian. (the cry of challenge of a pioneer or person living in the bush.)

[1350-1400; ME baile < OF < L bacula, pl. of baculum stick]

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Temporary release of a prisoner in exchange for security given to guarantee the prisoner's appearance at a later hearing.

It also refers to the actual security given (e.g., cash). Its main use today is to secure the freedom, pending trial, of someone arrested and charged with a criminal offense. Its use in civil (noncriminal) cases is far less common, as most do not involve imprisonment. The amount of bail is generally set in relation to the gravity of the offense, though other factors, such as the strength of the evidence, the character of the accused, and the accused's ability to secure bail may also be considered. See also bond, recognizance.

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▪ law

      procedure by which a judge or magistrate sets at liberty one who has been arrested or imprisoned, upon receipt of security to ensure the released prisoner's later appearance in court for further proceedings. Release from custody is ordinarily effected by posting a sum of money, or a bond, although originally bail included the delivery of other forms of property, such as title to real estate. The principal use of bail in modern legal systems is to secure the freedom, pending trial, of one arrested and charged with a criminal offense. Subject to jurisdictional variations, its use in civil cases has diminished along with the decline of imprisonment for debt.

      The purposes of bail pending trial in criminal cases are to avoid inflicting punishment upon an innocent person (who may be acquitted at trial) and to encourage the unhampered preparation of his defense. The amount of bail is generally set in relation to the gravity of the offense charged, although some magistrates take into account other factors, such as the strength of the evidence, the character of the accused, and his financial ability to secure bail. Failure to consider financial ability has generated much controversy in recent years, for bail requirements may discriminate against poor people and certain minority groups who are thus deprived of an equal opportunity to secure their freedom pending trial. Some courts now give special consideration to indigent accused persons who, because of their community standing and past history, are considered likely to appear in court. A few jurisdictions make it a separate criminal offense to forfeit bail instead of appearing as required.

      In legal systems that have a bail procedure, its operation is highly discretionary. If an accused is charged with an offense committed while free on bail, if the arrested person requires police protection, or if evidence reasonably establishes that he committed murder or treason, bail may be denied. Alternatively, bail may be set unusually high. See also recognizance. (recognizance)

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