Why are bails set at different levels for what is essentially the same crime?

There are a variety of reasons that might explain why bails could be set at different levels for what you perceive to be the same crime. In the eyes of the law, no two crimes are the same. Also, the law gets very specific about some types of crime.

Take the example of arson, for example. To a non-legal person, arson might seem like the same crime, no matter who is hurt or what sort of structure is burned. However, to law enforcement officials and to the court system, arson varies a great deal depending on who is hurt and what kind of structure was burned. The difference is so great that different violations get their own classification in the penal code system.

For example, arson of an inhabited structure violates penal code 451b and has an assumptive bail set at $250,000. However, arson of a structure or forest land that is not inhabited is a violation of penal code 451c and has an assumptive bail of $75,000. As you can see, what a layman might think of as just simple arson is actually very specific in the eyes of the law. As a result, the level of assumptive bail is set at different rates depending on the perceived severity of the crime.

In addition to the assumptive bail schedule, bail is determined based on a variety of other factors. While one crime may appear to be identical to another, the circumstances surrounding the crime are never the same. The judge will not only take a look at the assumptive bail schedule for his jurisdiction, but the judge will also look at the defendant’s criminal history, the crime itself, and the risk that the defendant might flee.

For example, if a homeless person sets fire to a small structure in the middle of the winter in order to avoid dying from the cold, then the judge might treat that individual differently then he would treat a group of angry teenagers that set structure to a small building for the purpose of watching the building burn or simply being mean. As you can see, the circumstances of the case will help to determine the amount of bail.