73 In ordinary instances arrests may be made only by officers of the law upon warrants issued by a magistrate. Any officer may, however, upon his own cognizance of a crime being committed, arrest the person or persons without warrant. If such authority were not given to officers of the law, many persons violating law would be able to escape before a warrant could be issued. Furthermore, under the laws of some States, any person who sees a crime committed is legally required to pursue and arrest the offending person and may himself be punished if he refuses to act. Sheriffs and other officers of the peace may call upon and require other persons to assist in the pursuit and capture of fleeing criminals.
74 Constitution of the United States, Amendment VIII.
In criminal actions the matter of bail is determined by statute. Bail is often denied to those accused of committing serious crimes.
The term _bail_ is used to designate a person who becomes a surety for the appearance of the defendant in court at the time called for. But in modern usage the term _bail_ means the amount of money pledged by another person for the appearance of the defendant. If the defendant fails to appear the person going his bail must pay the stipulated amount into the court. The payment of the bail does not, however, relieve the delinquent defendant of further punishment. He may be again seized and punished as according to the charge, and furthermore may be given additional punishment for "jumping" his bail.
"The defendant usually binds himself as principal with two sureties; but sometimes the bail alone binds himself as principal, and sometimes one surety is accepted by the sheriff. The bail bond may be said to stand in the place of the defendant as far as the sheriff is concerned, and if properly taken, furnishes the sheriff a complete answer to the requirement of the writ, requiring him to take and produce the body of the defendant."--Bouvier's _Law Dictionary_, Vol. I, p. 211.
75 United States Constitution, Amendment VIII.
"The amount of fine is frequently left to the discretion of the court, who ought to proportion the fine to the offense."--Cooley's _Constitutional Limitations_, p. 377.
"The object of punishment is to reform the offender, to deter him and others from committing like offenses, and to protect society." "A state may provide a severer punishment for a second than for a first offense providing it is dealt out to all alike."--159 _U. S._ 673.