The first comprehensive, international comparison of bail, this
book examines how common-law countries condemn or provide
alternatives to the American commercial bail bonding system. In his
analysis of bail systems in 15 countries, F. E. Devine explains why
other common-law countries consider the commercial provision of
bail an obstruction of justice, and how they provide effective
alternatives. Devine examines the pre-trial release alternatives in
detail, arguing that they are at least as effective as commercial
bail bonding.
Devine provides a complete, comparative analysis of bail in
Australia, Canada, England, India, New Zealand and South Africa. He
also examines the systems of Ireland, Malaysia, Nigeria, Pakistan,
Papua New Guinea, Scotland, Tanzania, Zambia and Zimbabwe. He
details the prohibition of, and statutory provisions against,
commercial bail in these common-law countries, and then highlights
four alternative approaches to pre-trial release: recognizance,
criminal penalties, non-financial conditions, and non-commercial
financial security deposits. Devine argues that these options are
as effective as commercial bail. This book is valuable to scholars
of criminal justice, criminology, comparative law, political
science, and sociology, and to criminal justice reformers and
professionals.
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