A Prisoners Dilemma: A Law And Economics Analysis Of The Use Of Bail Bonds In The New Zealand Criminal Justice System

Abstract

In 1987 New Zealand abolished the use of financial bail bonds at the district court on the advice of a report of the Criminal Law Reform Committee. The reintroduction of financial bonds was considered as part of a wider review into the bail system in 2011, however the idea was rejected. The author seeks to conduct a law and economics analysis of the use of monetary bail bonds and how they might affect outcomes in the criminal justice system. The paper sets out how monetary bail bonds might fit within the New Zealand criminal justice system, then sets out a framework for analyzing their efficacy. The author concludes by examining contemporary problems in the New Zealand bail system as identified by the review of the bail system, and whether they might be addressed by the use of commercial bail bonds.