> I don't understand how a bail is more motivating for someone to show up to trial than the threat of arrest with no bail.
As I understand it, bail on bond is an old concept. Imagine rich landlord from movie universe Wild West. Their power comes from wealth (which comes from land) and being free. If they are detained for the period of trial, then someone will take over the land and they lose the power. If they are bailed on bond and fail to show up for trial, the land is seized by government and they again lose the power. Being free (getting bailed) and keeping the wealth (showing up for trial) is the winning move for the landlord, therefore they are strongly incentivised to appear for trial.
Of course the person in question must have a lot to lose (social status, wealth, etc.) for bail on bond to work. For the outcast beggar jail is arguably a better place than open streets. The richâ„¢ have their wealth diversified so much, that it would be difficult to seize significant portion of their wealth.
> We don't have people pre-pay to not commit other crimes, why does specifically this one get it?
As I understand it, bail on bond is not about committing other crimes (while this is a nice side effect) but about appearing for trial.
> Seems to me like it just privatized part of the justice system - instead of cops chasing down delinquent criminals, it's bail bondsmen.
As others have noted, bail bondsmen essentially operate "risk management" business and offloading the risk assessment from court to bail bondsmen is one of the points.
As I understand it, bail on bond is an old concept. Imagine rich landlord from movie universe Wild West. Their power comes from wealth (which comes from land) and being free. If they are detained for the period of trial, then someone will take over the land and they lose the power. If they are bailed on bond and fail to show up for trial, the land is seized by government and they again lose the power. Being free (getting bailed) and keeping the wealth (showing up for trial) is the winning move for the landlord, therefore they are strongly incentivised to appear for trial.
Of course the person in question must have a lot to lose (social status, wealth, etc.) for bail on bond to work. For the outcast beggar jail is arguably a better place than open streets. The richâ„¢ have their wealth diversified so much, that it would be difficult to seize significant portion of their wealth.
> We don't have people pre-pay to not commit other crimes, why does specifically this one get it?
As I understand it, bail on bond is not about committing other crimes (while this is a nice side effect) but about appearing for trial.
> Seems to me like it just privatized part of the justice system - instead of cops chasing down delinquent criminals, it's bail bondsmen.
As others have noted, bail bondsmen essentially operate "risk management" business and offloading the risk assessment from court to bail bondsmen is one of the points.