Wash. Supreme Court published opinion — 893900.pdf

Citation: Wash. Supreme Court published opinion — 893900.pdf
Jurisdiction: Washington (state)
Source verification: official_capture_completeness_unverified
Original Source: https://www.courts.wa.gov/opinions/pdf/893900.pdf ↗

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monetary fines, "[b]ail availability was increasingly restricted, in part because

corporal punishment afforded an accused greater incentive to flee." !d. The "Statute

of Westminster," adopted in 1275, attempted to create a uniform system of bail
6
Reports from the Washington State constitutional convention itself do not lend
support to either Barton or the State's position. An alternate proposal to the provision as
adopted was submitted to the convention. THE JOURNAL OF THE WASHINGTON STATE
CONSTITUTIONAL CONVENTION 1889 509 (Beverly Paulik Rosenow ed., 1962). This
alternate provision would have made all offenses except murder and treason bailable, but
would not have included the "by sufficient sureties" language. Although this provision
was not adopted, there is no indication that the presence or absence of the "sufficient
sureties" language tipped the balance for the framers.

-9-
Statev. Barton
(Peter

Richard), 89390-0

administration, but it was confusing and complicated. !d. Nevertheless it governed

English bail law for the next five centuries. !d. at 349-50.

Against this backdrop, explained the Brooks court, the phrase "bailable by

sufficient sureties" was first adopted in colonial Pennsylvania's "Great Law of

1682." !d. at 350. The Quakers who founded Pennsylvania "had an aversion to the

inefficient bail system that had evolved" in England. !d. "Having been persecuted

in England, they had greater sympathy for detained defendants than for a powerful

judiciary." !d. Hence, they took care to draft language that made almost all offenses

bailable by sufficient sureties. !d. This language was eventually incorporated into