The elaborate legal systems and institutions of modern societies are operated through variety of instruments and processes and all of these have definite significance in them as for maintaining perfect balance in the law enforcement and justice delivery system. Most of the modern democratic political settings of the world have taken care to protect the rights and civil liberties of its citizens in the highest regard. In this endeavor, the instruments of fundamental rights, judicial/constitutional remedies, information rights and bail bonds play vital role as through these the individual rights are ensured. The bail application is an intervention in the criminal legal justice framework whereby the person arrested by the law enforcement agencies for any particular crime seeks to set him free till he is not convicted. The bail process is thoroughly considered as a cushion as against the ambiguous arrest cases in which the probability of bail getting approved is high.
However, the judicious use of the bail instruments is what constitutes the real function of it. If the bail discretion that is bestowed upon the wise persons of caliber is not practiced properly, there is a latent yet direct probability of the overall justice system getting distorted with the passage of time which will in turn erode the public confidence in the broader legal and justice system of their country.
This would be a horrific situation, especially for the healthy and vibrant democracy that cherishes its high ideals of social and economic justice enshrined in the fundamental statutes of the land. On the contrary, if the deciding authorities exercise their discretion in an overly liberal manner then surely the anti social indicators like those of ambient security and crime would deteriorate as even the most adept anti social elements would find their way back into the socio economic system of the nation after securing easy bail from the competent authorities.
There are dangers either way in the granting of bail bonds with extremities orientations. A very wise and well calculated judgment and discretionary execution of powers is sought so that the balance is maintained either way. In the latter possibility, the element of corrupted wrongdoing also plays the same implications except with the difference that here the negligence/inherent misjudgment is replaced by the abuse of authority. Unfortunately, this dimension is grave enough in most of the political settings of the world thus resulting into high crime graph there.
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This system is governed by objective rules and an ever growing body of precedents and references, especially in the judicial courts of law which increasingly rely on their precedents.