The bail system in the United States has been in place for centuries, and it has been used to ensure that defendants return to court for their trial. However, the bail system has been criticized for being unfair, as it can lead to poor defendants being held in jail while they await trial, even if they are not a flight risk or a danger to the community. **The Early Years** The first recorded use of bail in the United States dates back to the 1600s. In those days, bail was typically set in the form of property, and defendants were released from jail once they posted bail. If they failed to appear for their trial, the property would be forfeited.