Natiowide Bail Bonds Company
Natiowide Bail Bonds Company
Natiowide Bail Bonds Company

Bail Bonds, Bail Bondsman, Bail Bond Agents

Call Bail Help Bail Bonds Now!
800-980-BAIL (2245)
bailhelp.comBail History

Written and copyrighted by George Monks

Bail laws in the United States grew out of a long history of English statutes and policies. During the colonial period, Americans relied on the bail structure that had developed in England hundreds of years earlier. When the colonists declared independence in 1776, they no longer relied on English law, but formulated their own policies which closely paralleled the English tradition. The ties between the institution of bail in the United States is also based on the old English system. In attempting to understand the meaning of the American constitutional bail provisions and how they were intended to supplement a larger statutory bail structure, knowledge of the English system and how it developed until the time of American independence is essential.

In medieval England, methods to insure the accused would appear for trial began as early as criminal trials themselves. Until the 13th century, however, the conditions under which a defendant could be detained before trial or released with guarantees that he would return were dictated by the local Sheriffs.x As the regional representative of the crown, the sheriff possessed sovereign authority to release or hold suspects. The sheriffs, in other words, could use any standard and weigh any factor in determining whether to admit a suspect to bail. This broad authority was not always judiciously administered. Some sheriffs exploited the bail system for their own gain. Accordingly, the absence of limits on the power of the sheriffs was stated as a major grievance leading to the Statute of Westminster.xi

The Statute of Westminster in 1275 eliminated the discretion of sheriffs with respect to which crimes would be bailable. Under the Statute, the bailable and non-bailable offenses were specifically listed.xii The sheriffs retained the authority to decide the amount of bail and to weigh all relevant factors to arrive at that amount. The Statute, however, was far from a universal right to bail. Not only were some offenses explicitly excluded from bail, but the statutes' restrictions were confined to the abuses of the sheriffs. The justices of the realm were exempt from its provisions.

Applicability of the statute to the judges was the key issue several centuries later when bail law underwent its next major change. In the early seventeenth century, King Charles I received no funds from the Parliament. Therefore, he forced some noblemen to issue him loans. Those who refused to lend the sovereign money were imprisoned without bail. Five incarcerated knights filed a habeas corpus petition arguing that they could not be held indefinitely without trial or bail. The King would neither bail the prisoners nor inform them of any charges against them. The King's reason for keeping the charges secret were evident: the charges were illegal; the knights had no obligation to lend to the King. When the case was brought before the court, counsel for the knights argued that without a trial or conviction, the petitioners were being detained solely on the basis of an unsubstantiated and unstated accusation. Attorney General Heath contended that the King could best balance the interests of individual liberty against the interests of state security when exercising his sovereign authority to imprison. The court upheld this sovereign prerogative argument.xiii

Parliament responded to the King's action and the court's ruling with the Petition of Right of 1628. The Petition protested that contrary to the Magna Carta and other laws guaranteeing that no man be imprisoned without due process of law, the King had recently imprisoned people before trial "without any cause showed." The Petition concluded that "no freeman, in any manner as before mentioned, be imprisoned or detained..." The act guaranteed, therefore, that man could not be held before trial on the basis of an unspecific accusation. This did not, however, provide an absolute right to bail. The offenses enumerated in the Statute of Westminster remained bailable and non-bailable. Therefore, an individual charged with a non-bailable offense could not contend that he had a legal entitlement to bail.

The King, the courts and the sheriffs were able to frustrate the intent of the Petition of Right through procedural delays in granting the writs of habeas corpus. In 1676, for example, when Francis Jenkes sought a writ of habeas corpus concerning his imprisonment for the vague charge of "sedition," it was denied at first because the court was "outside term," and later because the case was not calendared; furthermore, when the court was requested to calendar the case it refused to do so. In response to the rampant procedural delays in providing habeas corpus as evidenced by Jenkes Case,xv Parliament passed the Habeas Corpus Act of 1677. The act strengthened the guarantee of habeas corpus by specifying that a magistrate:

shall discharge the said Prisoner from his Imprisonment taking his or their Recognizance, with one or more Surety or Sureties, in any Sum according to their discretion, having regard to the Quality of the Prisoner and Nature of the offense, for his or their Appearance in the Court of the King's bench...unless it shall appear...that the Party (is)...committed...for such Matter or offenses for which by law the Prisoner is not Bailable.xvi

By requiring early designation of the cause for arrest, the Habeas Corpus Act provided a suspect with knowledge that the alleged offense was either bailable or not. The Statute of Westminster remained the primary definition of what offenses would be eligible for bail.

Although the Habeas Corpus Act improved administration of bail laws, it provided no protection against excessive bail requirements. Even if a suspect was accused of a bailable offense and therefore was entitled to some bail, he could still be detained if the financial condition of release was exorbitantly high. As evidence of this abuse reached Parliament, it responded with the English bill of Rights of 1689. In the Preamble, the bill accused the King of attempting "to subvert...the laws and liberties of the kingdom: in the "excessive bail hath been required of persons committed in criminal cases, to elude the benefit of the laws made for the liberty of the Subjects."xvii The Bill of Rights proposed to remedy the situation by declaring "that excessive bail ought not to be required."xviii Thus, the precursor of the Eighth Amendment in the U.S. Constitution was drafted to prevent those accused of bailable offenses from unreasonable bail requirements. It did not alter the categories of bailable crimes found in the separate Statute of Westminster and certainly did not guarantee a right to bail.

The language of the English Bill of Rights was only one part of the bail system developed through many years of English law. As Caleb Foote has explained and this analysis recounts, English protection against unjustifiable detention contained three essential elements: first, offenses were categorized as bailable or not bailable by statutes beginning with Westminster I which also placed limits on which judges and officials could effect the statue; second, habeas corpus procedures were developed as an effective curb on imprisonment without specific changes; and third, the excessive bail clause of the 1689 Bill of Rights protected against judicial officers who might abuse bail policy by setting excessive financial conditions for release. English law never contained an absolute right to bail. Bail could always be denied when the legislature determined certain offenses were unbailable. Most of the history of bail law after Westminster I was an attempt to improve the efficiency of existing law and especially to grant the suspect a meaningful chance to satisfy bail conditions when he had committed those offenses that the legislature had declared bailable.

In colonial America, bail law was patterned after the English law. While some colonies initiated their own laws which were very similar to English statutes, others simply guaranteed their subjects the same protections guaranteed to British citizens. When the colonies became independent in 1776, however, they could no longer simply insure the protections of English law. Accordingly, the colonies enacted specific bail laws. Typical of the early American bail laws were those enacted in Virginia perpetuating the bail system as it had evolved in England. Section 9 of Virginia's Constitution in 1776 declared simply that "excessive bail ought not to be required…"xix This constitutional provision was supplemented in 1785 with a statute which eliminated judges; discretion to grant bail by specifying that: those shall be let to bail who are apprehended for any crime not punishable in life or limb...But if a crime be punishable by life or limb, or if it be manslaughter and there be good cause to believe the party guilty thereof, he shall not be admitted to bail."xx Thus the Virginia laws closely paralleled the English system. Statutes defined which offenses were bailable while the Constitution protected against abuses of those definitions. In fact, the clause in the Virginia Constitution was identical to the one in the English Bill of Rights which had been included to prevent judges from unreasonable holding those accused of bailable offenses by setting bail so high as to be unobtainable. Other State constitutions similarly proscribed excessive bail for bailable offenses in order to prevent this method of thwarting the bail laws passed by the legislatures: for example, section 29 of the Pennsylvania Constitution of 1776 provided that "Excessive bail shall not be exacted for bailable offenses."xxi

With James Madison designated to prepare an initial draft for Bill of Rights in 1789, the Virginia constitution, often referred to as the Virginia Bill of Rights, became the model for the first ten amendments that passed congress in 1789 and were ratified in 1791. The Eighth Amendment in this Bill of Rights was taken virtually verbatim from Section 9 of the Virginia Constitution and provided that "Excessive bail shall not be required..." The only comment on the clause during the congressional debates was made by the perplexed Mr. Livermore: "The clause seems to have no meaning to it, I do not think it necessary. What is meant by the term excessive Bail…!"xxii

Indeed, it seems the drafters thought relatively little about the meaning of the bail clause; the clause was so rooted in American and English history that to most, the meaning was obvious. Like the identical clause in the English Bill of Rights and the Virginia Constitution, the Eighth Amendment bail provision was intended to prohibit excessive bail as a means of holding suspects accused of offenses deemed bailable by Congress.

The bail clause in the Eighth Amendment was only one part of the American bail structure.xxiii As in England, the American system also includes guarantees against imprisonment without informing the suspect of his crime. The Sixth Amendment to the Constitution, like the English Habeas Corpus Act of 1678, insures that when arrested, a man "be informed of the nature and cause of the accusation" thereby enabling him to demand bail if he has committed a bailable offense. The final part of the American bail structure and the element upon which the Constitution provisions are based is the statutory codification of justice officials' power concerning bail and the categorization of crimes into bailable and nonbailable offenses. The Constitution merely guarantees that excessive bail may not be employed to hold suspects who by law are entitled to bail; similarly the Sixth Amendment enables prisoners to know if they are in fact entitled to bail under the law; it does not give them any right to bail already existing in the law. Thus, the legislature and not the constitution is the real framer of bail law; the constitution upholds and protects against abuse of the system which the legislature creates. This principle was well understood by the Framers of the Bill of rights. In fact, the same Congress that proposed the Eighth Amendment also formulated the fundamental bail statute that remained in force until 1966. This was accomplished in 1789, the same year that the Bill of rights was introduced, when Congress passed the Judiciary Act. The Act specified which types of crime were bailable and set bounds on the judges' discretion in setting bail. Following the tradition of State laws developed during the colonial period which in turn were based on English law,xxiv the Judiciary Act stated that all noncapital offenses were bailable and that in capital offenses, the decision to detain a suspect before trial was left up to the judge:

{U}pon all arrests in criminal cases, bail shall be admitted, except where punishment may be by death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein, regarding the nature and circumstance of the offense, and of the evidence, the usages of law.xxv

The sequence of events in the First Congress pertaining to American bail policy is critical to an understanding of the Framers of the Eighth Amendment and the Judiciary Act of 1789. Only a few days after final passage of the Bill of Rights in Congress on September 21, 1789, and before its final adoption, the First Congress passed the Judiciary Act of 1789 on September 29, 1789. In fact, these two legislative measures were debated almost concurrently. Considerable debate time was consumed in the House of Representatives over the issue of which should be enacted first, the bill creating a federal judiciary and federal judicial procedures or the amendments to the Constitution. Eventually Madison's point of view that the Bill of Rights should take precedence so that "the independent tribunals of justice will consider themselves...the guardians of those rights"xxvi prevailed. But the same day the House completed the Bill of Rights it proceeded to perfect the Judiciary Act of 1789 which was already approved by the Senate. The two legislative proposals passed each other going and coming between the House and the Senate. This historical footnote illuminated significantly the context in which these measures were debated. They were almost considered simultaneously. Often representatives argued that changes in one measure were unnecessary because the other provided ample protection for vital rights.xxviii This context suggests strongly that the First Congress acted very purposefully in substantially adopting the English system of tripartite protection against bail abuses. The Eighth Amendment prohibition against excessive bail meant that bail may not be excessive in those cases where Congress has deemed it proper to permit bail. The Congress then enacted the Judiciary Act defining what offenses would be bailable. Habeas corpus protection was afforded by Article I of the Constitution.

The argument that the excessive bail clause guarantees a right to bail by necessary implication and that the provision forbidding excessive bail would be meaningless if judges could deny bail altogether in some cases is clearly not valid in this historical context. The same Congress which drafted the Eighth Amendment enacted the Judiciary Act which specifically denied a right to bail to individuals charged with capital offense.

In the context of its legislative history, the Eighth Amendment is illuminated by reading it in conjunction with the Judiciary Act of 1789. The First Congress adopted the Amendment to prevent judges from setting excessive bail in cases prescribed as bailable by Congress. The same legislators then enacted a bill prescribing which offenses would be bailable. The Eighth Amendment, therefore, is not self-executing. It requires legislation creating legal entitlements to bail to give it effect. Recognizing this, the First Congress provided almost simultaneously the legislation that gave the Amendment effect. The First Congress did not choose a strange legal arrangement; it chose precisely the system most familiar to these former English citizens. The First Congress recognized that the Amendment was not intended to limit congressional discretion to determine the cases for which bail would be allowed, but was designed to circumscribe the authority of courts to ignore or circumvent that congressional policy with excessive bail requirements.

The Judiciary Act of 1789 did not differentiate between bail before and after conviction. Not until 1946 in the Federal Rules of Criminal Procedure was this distinction clearly made. Rule 46 made the 1789 Act's language the standard for release, but left release after conviction pending an appeal or application for certiorari to the judge's discretion regardless of the crime.

In 1966 Congress enacted the first major substantive change in federal bail law since 1789. The Bail Reform Act of 1966 provides that a non-capital defendant "shall...be ordered released pending trial on his personal recognizance" or on personal bond unless the judicial officer determines that these incentives will not adequately assure his appearance at trial.xxviii In that case, the judge must select the least restrictive alternative from a list of conditions designed to guarantee appearance. That list includes restrictions on travel, execution of an appearance bond (refundable when the defendant appears), and execution of a bail bond with a sufficient number of solvent sureties. Individuals charged with a capital offense or who have been convicted and are awaiting sentencing or appeal are subject to a different standard. They are to be released unless the judicial officer has "reason to believe" that no conditions "will reasonably assure that the person will not flee or pose danger to any other person or to the community."

The 1966 Act thus created a presumption for releasing a suspect with as little burden as necessary in order to insure his appearance at trial. Appearance of the defendant for trial is the sole standard for weighing bail decision. In noncapital cases, the Act does not permit a judge to consider a suspect's dangerousness to the community. Only in capital cases or after conviction is the judge authorized to weigh threats to community safety.

This aspect of the 1966 Act drew criticism particularly in the District of Columbia where all crimes formerly fell under the regulation of Federal bail law. In a considerable number of instances, persons accused of violent crimes committed additional crimes while released on their own personal recognizance. Furthermore, these individuals were often released again on nominal bail.

The problems associated with the 1966 Bail Reform Act were considered by the Judicial Council committee to study the Operation of the Bail Reform Act in the Distract of Columbia in May 1969. The committee was particularly bothered by the release of potentially dangerous noncapital suspects permitted by the 1966 law and recommended that even in noncapital cases, a person's dangerousness be considered in determining conditions for release. Congress went along with the ideas put forth in the committee's proposals and changed the 1966 Bail Reform Act as it applied to persons charged with crimes in the District of Columbia. The District of Columbia Court Reform and Criminal Procedure Act of 1970 allowed judges to consider dangerousness to the community as well as risk of flight when setting bail in noncapital cases. The 1970 Act contained numerous safeguards against irrational application of the dangerousness provisions. For instance, an individual could not be detained before trial under the act unless the court finds that (1) there is clear and convincing evidence that he falls into one of the categories subject to detention under the act, (2) no other pretrial release conditions will reasonably assure community safety, and (3) there is substantial probability that the suspect committed the crime for which he has been arrested. This last finding was an overzealous exercise of legislative precaution. The Justice Department testified that the burden of meeting this "substantial probability" requirement was the principal reason cited by prosecutors for the failure over the last 10 years to request pretrial detention hearings under the statute. Such a standard also had the effect of making the pretrial detention hearing a vehicle for pretrial discovery of the Government's case and harassment of witnesses. Moreover, the District of Columbia Court of Appeals in its Edwardsxxix decision strongly suggests that the probable cause standard consistently sustained by the Supreme Court as a basis for imposing "significant restraints on liberty" would be constitutionally sufficient in the context of pretrial detention.

x xi xii Edw. 1. C. 15 In additional to capital offenses, the list included "Thieves openly defamed and known" those "taken for House-burning feloniously done," or those taken for counterfeiting and many other non-capital offenses. xiii "Five Knights Case" or "Proceedings on the Habeas Corpus" brought by Sir Thomas Darnel. 3 St. Fr. 1 (1627). xiv William Duker, "The Right to Bail: An Historical Inquiry" 64, 42, Albany L. Rev. 33 (1977). xv xvi 81 Car. 2 c. 2. xvii W. & M. st 2 c. 2 preamble clause 10. xviii 1 W. & M. st. 2 c. 2. Rights clause 10. xix 7 American Charters 3813 (F. Thorpe ed.. 1909) xx 12 Va. Stat. 185-86 (W. Hening ed.. 1823) xxi 7 American Charters 3813 (F. Thorpe ed..1909) xxii 1 "Annals of Congress" 754 (1789). xxiii Caleb Foote, "The Coming Constitutional Crisis in Bail." 113 Pennsylvania L. Rev. 959. At 968 (1965). Hermine Herta Meyer, "The Constitutionality of Pretrial Detention,: 60 Georgetown L. Rev. 1139 (1972). xxiv Duker. Supra note 14 at 77-83 xxv The Judiciary Act of 1789, 1 Stat. 73, 91. xxvi 1 "Annals of Congress" 428, 462 (1789) xxvii Id. At 448. xviii the Bail Reform Act of 1966, 18 U.S.C. 3146 et seq. xxix United States v. Edwards, No. 80-294 (D.C. App. May 8, 1981) (slip opinion). Petition…

RSS Feed Form
 
 Updated News
  • White supremacists cheer Trump's evolving response to CharlottesvillePresident Trump’s comments about violence that erupted in Charlottesville, Va., last weekend have been condemned by Democrats, Republicans, business leaders and even athletes. “I think he’s speaking to the fact that a nation should respect its heritage, its identity, its heroes, and we shouldn’t engage in antiwhite multicultural political correctness,” Matthew Heimbach told Yahoo News on Thursday. Heimbach was scheduled to speak at the event, which attracted supporters from white supremacist, “alt-right” and neo-Nazi groups.


    High-Speed Police Chases Under Scrutiny in FloridaNewly released dash camera footage from the Palm Beach County Sheriff's office recorded an officer driving 104 mph after being told not to chase a suspect.


    Barcelona attack: CIA warned Spanish authorities of possible Las Ramblas terror two months ago, reports suggestThe CIA warned Catalan police two months ago that Las Ramblas in Barcelona could be a target for a terrorist attack, reports suggest. After attacks in Paris, London, Berlin and Brussels, US counter-terrorism officials reportedly believed Islamist terrorists could be planning a massacre in the Spanish city. At least 13 people were killed and more than 100 injured when a van ploughed into crowds of people on Las Ramblas on Thursday.


    No Human Remains Found In Search For Natalee Holloway: ProsecutorDave Holloway, father of missing Alabama teen Natalee Holloway, said on national television this week that he found human bones in Aruba, where his daughter vanished a dozen years ago, and submitted them for DNA testing.


    Venezuela's ousted chief prosecutor flees to ColombiaBOGOTA, Colombia (AP) — Venezuela's ousted chief prosecutor and her husband — two of President Nicolas Maduro's most outspoken critics — fled the country and landed Friday afternoon in Colombia.


    Spanish police believe they may have body of missing boy Julian CadmanHopes were fading for seven-year-old British boy Julian Cadman on Saturday as Spanish authorities revealed they were no longer searching for any missing youngsters. His father Andrew made the long flight from Australia and landed on Saturday afternoon to comfort his seriously injured wife, Jumarie, who had been in the area to attend a family wedding when she and her son were struck by the terrorist's van which killed 13 people and left more than 100 injured. Despite a major appeal by his loved ones, the former Kent schoolboy, who loved to dance and fill his pockets with Lego, has not been found. It is understood that Spanish authorities have a body that they believe is his, but are waiting for formal identification to take place.  Another child was also taken in the tragedy, a three-year-old boy from Spain, died next to his mother. They had been on a family day out with relatives. The last smiling photo of honeymooners Jared Tucker and his wife Heidi Nunes was taken just an hour before the atrocity. The last smiling photo of honeymooners Jared Tucker and his wife Heidi Nunes was taken just an hour before the atrocity. The pair, who were celebrating their first wedding anniversary with a belated honeymoon, became separated in the attack and as his wife hid in a souvenir shop Mr Tucker, 42, hit by the van and died. Tales of heroism emerged of a brave stranger running into the carnage to try and save the lives of a Canadian family, picking up an injured man and placing him on the back of his scooter to rush him to hospital. The man's relative, grandfather Ian Moore Wilson, died at the scene as others battled to save his wife Valerie. Grandfather Ian Moore Wilson who died at the scene of the Barcelona attack. Italian father Bruno Gulotta, 35, died while trying to protect his child. He was on holiday with his wife Martina and two children when he was crushed to death as he walked hand in hand with his five-year-old son and died as he knelt down to shield the little boy. Belgian bank worker Elke Vanbockrijck, described as "super woman", lost her life as she walked with her husband and two sons, aged 11 and 14. Mum Elke Vanbockrijck was with her children when she died. Credit: AP Others killed include three Germans, Spaniard Pepita Codina, 75, Silvina Alejandra Pereyra, 40, an Argentine-Spanish dual citizen and Francisco Lopez, 65. In the second attack in Cambrils, Ana Maria Suarez, 61, died as terrorists attacked her family with knives. Her husband and sister were also injured in the attack. Those affected came from 34 countries, including China, Colombia, France, Germany, Honduras, Morocco, a testament to the global allure of the Spanish city.


    Grace Mugabe absent from S.Africa summit as assault claim lingersZimbabwe's first lady Grace Mugabe failed to appear Saturday at a summit in South Africa attended by her husband, an event overshadowed by her effort to obtain diplomatic immunity over assault allegations. The wife of President Robert Mugabe has not been seen since being accused of attacking a 20-year-old model with a electrical extension cord last weekend in a Johannesburg hotel where the couple's two sons were staying. The alleged assault is a political headache for South Africa and Zimbabwe, close neighbours with deep economic and historical ties.


    Man Caught Smuggling 13 Pounds of Meth Into US Via DroneDrones generally haven't appealed to smugglers because their noise attracts attention.


    Several people stabbed in Finnish city of TurkuSeveral people were stabbed in an knife attack in the Finnish city of Turku on Friday but it was not immediately clear if this was a militant action or had some other motive. The Turun Sanomat newspaper reported that at least one person was killed in the attack. Newspaper Helsingin Sanomat said eight people had been taken to hospital following the stabbings, some of them are in critical condition.


    Former neo-Nazi: Trump’s message parrots my old propagandaA reformed neo-Nazi says President Trump is partly to blame for legitimizing the white nationalism that exploded in Virginia last weekend.


    USS Fitzgerald's Leadership Removed Over Poor SeamanshipThis is not the first time U.S. Navy took a strict action against the leadership for acting inappropriately in a particular situation.


    Father jumps car over open drawbridge in terrifying stunt to save familyA father drove his car over an opening drawbridge in a death-defying stunt to avoid plunging into the water below. Terence Naphys was crossing New Jersey's Middle Thorofare Bridge with his family when its steel ramp began to lift beneath them. Mr Naphys was reportedly already near the centre of the bridge and was forced to accelerate his Toyota RAV 4 to jump the 6ft gap out of fear the car would fall 65ft into the deep bay below.


    Assad Adviser: War Is Almost Over, We Must RebuildOne of Syrian President Bashar al-Assad's closest advisers said many challenges still lie ahead, including reconstruction and the presence of foreign powers.


    Violence erupts between white nationalists, counterprotestors in Charlottesville: Part 5White nationalists had gathered in the Virginia city to protest the removal of a statue of Confederate General Robert E. Lee.


    Huge Confederate flag near Interstate is one man's missionTAMPA, Fla. (AP) — Marion Lambert is unapologetic about the abundance of Confederate flags that surround him.


    Muslims fear anti-Islam backlash in tolerant BarcelonaPrayer time is approaching but Raja Miah, an imam at a tiny mosque in the heart of Barcelona does not expect a big turnout. Since the twin attacks in Barcelona and the nearby seaside resort of Cambrils claimed by the Islamic State group, the Muslim community in central Barcelona's neighbourhood of Raval fears an anti-Islam backlash. "People are very scared," said Miah, 23, as he sat in a small room at the mosque in Raval as a small group of children in an adjoining room studied the Koran.


    Witness: Cambrils terrorist taunted and smiled at police as they shot himA witness told of how a terrorist responsible for the second attack in Spain yesterday taunted police before they shot him dead. Fitzroy Davies, from Wolverhampton, was caught up in the second attack in Cambrils and described what he saw. He told the BBC he was in Spain for a judo camp and was in a meeting with the coaches when the incident unfolded. "These girls ran into the bar off the street and then people were running up the road. "One of our guys stood up, looked and just said 'run', so we all ran. "This guy came running up the road and was shouting something. "I didn't know what it was, so we said call the police. "Within 30 seconds the police was already there, jumped out of the car, started shouting at the guy, the guy was then saying something else again. "And then they 'pop, pop', did a couple of shots and he fell down. "He stood back up and then he stepped over the fence and he started, he was taunting, smiling and he carried on walking to the police, and then they gave it to him again, a couple more shots and then he fell to the ground." In the early hours of Friday, as the world reeled after the attack in Barcelona, residents of the Spanish seaside resort of Cambrils fled in terror after five terrorists wearing suicide vests launched the second ramming attack in the country in a matter of hours.  Suicide-vest wearing terrorists shot dead after second car attack 01:02 At least six people were hurt when the attackers drove into pedestrians before being shot dead by security forces, just hours after a similar attack in nearby Barcelona. Of the six civilians caught up in the Cambrils attack, two were said to be in a serious condition. The Audi A3 car rammed into people on the seaside promenade of the tourist city 74 miles south of Barcelona, where a van had earlier sped into a street packed full of tourists, killing 13 people and injuring around 100 others. Police said the suspects in Cambrils carried bomb belts, which were detonated by a police bomb squad. Media reports said a car crashed into a police vehicle and nearby civilians and police shot the attackers, one brandishing a knife. Police did not immediately say how the attack was being carried out. A police officer and five civilians were injured and two were in serious condition. 


    Neo-Nazis love media attention. But ignoring them isn't an option | Bob GarfieldThere is a genuine conflict of two public interests: the collateral damage of publicity versus the right to know. First there was the violence Saturday in Charlottesville, Virginia, where crowds of neo-Nazis, Klansmen, white nationalists and assorted alt-right mouthbreathers were televised chanting racist and antisemitic slogans and roughing up counter-protesters, culminating in the death of one woman. Yep, some of the finest neo-Nazis this great country has to offer.


    ‘Alt-right’ figure who set up Assange meeting refuses to cooperate with Senate intel probe“I’m absolutely not” going to cooperate with the committee, the far-right provocateur Charles C. Johnson said in an interview, after returning from London.


    NASA Wants to Stop a Doomsday Supervolcano by Stealing its HeatNASA is worried about the Yellowstone supervolcano exploding, so instead they're going to harness its energy for good.


    Girl found 'brutally murdered' at home after texting mother about someone knocking at doorYhoana Arteaga was found bludgeoned to death in her family's mobile home with her clothing "in disarray", police said. There was no evidence of forced entry to the trailer in Nashville, Tennessee. The girl had suffered blunt force trauma to her body, police spokesman Don Aaron told a press conference.


    German writer critical of Turkey's Erdogan arrested in SpainBy Thomas Escritt BERLIN (Reuters) - German-Turkish author Dogan Akhanli was arrested in Spain on Saturday after Turkey issued an Interpol warrant for the writer, a critic of President Recep Tayyip Erdogan's government, fanning an already fierce row between the NATO allies. The arrest of the German national in Granada was part of a "targeted hunt against critics of the Turkish government living abroad in Europe," Akhanli's lawyer Ilias Uyar told magazine Der Spiegel, which first reported Akhanli's detention. Any country can issue an Interpol "red notice", but extradition by Spain would only follow if Ankara could convince Spanish courts it had a real case against him.


    Charles Manson In Good Shape Following Health CrisisThe photo was taken at the Corcoran State Prison in Northern California, where the 82-year-old is serving a life term.


    NY subway tiles with Confederate flag look to be alteredNEW YORK (AP) — Transit officials have decided to alter subway station tiles that have a cross-like design similar to that of the Confederate flag.


    Chicago activist loses US citizenship, will be deportedAn activist known for helping Arab women in the Chicago area lost her U.S. citizenship Thursday and will be deported for failing to disclose convictions for bombings in Jerusalem decades ago.


    Five suspected terrorists shot dead by police in Cambrils, SpainSpanish police shot dead five would-be attackers after confronting them early on Friday in Cambrils, south of Barcelona where hours earlier a suspected Islamist militant drove a van into crowds, killing 13 people.


    Total solar eclipse 2017: When is it, why is it happening and how can I see it in the UK?What's happening? On Monday, August 21, 2017, all of North America will witness an eclipse of the sun for the first time in 99 years, where the Moon will pass in front of the Sun casting darkness across swathes of the Earth's surface. Dubbed the Great American Eclipse, the moment will see the Sun, the Moon and the Earth become perfectly aligned in a once-in-a-lifetime celestial spectacle seen from the Pacific Ocean to the Atlantic Ocean. Although we won't see a perfect alignment in the UK, we will be able to see a partial eclipse (where the moon covers only a part of the sun). 10 amazing places in America to watch the 2017 solar eclipse Who will see it? Everyone in North America, parts of South America, Africa and Europe - including the UK - will see at least a partial solar eclipse, where the moon covers only a part of the sun. However, 14 states across the United States will experience a total solar eclipse with more than two minutes of darkness descending in the middle of the day over the course of 100 minutes. More than 12 million Americans live inside the path of totality and more than half of the nation live within 400 miles of it. Millions more are expected to travel to cities along the path to witness the phenomenon.  Where and when to see the eclipse What causes an eclipse? The diameter of the Sun is 400 times that of the Moon but it lies 400 times further away - which means if you are in exactly the right alignment on the surface of the Earth at the right time, you will see the two celestial bodies overlap exactly. What creates a total solar eclipse Where can I see the eclipse in the UK? Sadly Brits won't get a total eclipse like our friends across the pond, but we will be treated to a slight partial eclipse which will still be worth watching.  It will be visible in parts of England, Wales, Scotland and Northern Ireland from around 19:35 on August 21 - but make sure you're in a spot where there's no cloud.  UK eclipse circumstances for August 21 2017 What areas will see total blackout? Anyone within the path of totality will see the sky become dark for several minutes as the moon completely covers the sun. The path is relatively thin, around 70 miles wide, and stretches from Salem, Oregon to Charleston, South Carolina. It will first be seen at Lincoln Beach, Oregon at 9:05 PDT, with totality beginning at 10:16 PDT. Over the next 90 minutes, it will cross through Oregon, Idaho, Wyoming, Montana, Nebraska, Iowa, Kansas, Missouri, Illinois, Kentucky, Tennessee, Georgia, and North and end near Charleston, South Carolina at 14:28 EDT. The lunar shadow will leave the US at 04:09 EDT. Its longest duration will be near Carbondale, Illinois, where the sun will be completely covered for two minutes and 40 seconds. What time can I see the total eclipse? Here are the mid-eclipse times for some of the major towns and cities along the path of totality, according to Nasa. All times are local.  Where to see it | The Great American solar eclipse Will there be a live stream? Yes - Nasa will host an Eclipse Megacast for four hours during the eclipse which will be picked up by local, national and international TV stations. You can also follow all the action via the Telegraph. How can I see it safely? Never look directly at the Sun, even through sunglasses or dark material such as a bin liner or photographic negative. Makeshift filters may not screen out the harmful infrared radiation that can burn the retina of the eye risking permanent eye damage and blindness. Also, viewers must never use binoculars or a telescope. Wear special eclipse viewing glasses - not ordinary sunglasses - or construct a simple pinhole camera which projects an image of the Sun onto a blank piece of paper. Solar eclipse: how to watch the eclipse safely When will Britain next see a solar eclipse? There was a pretty spectacular eclipse in Britain in March 2015, but the last total eclipse in the UK was in August 1999. You might be waiting a while for the next decent one too - it won't take place until August 12, 2026. On that date up to 95 per cent of the Sun will be obscured. Britain will not see a total solar eclipse until September 23, 2090. How we watched the 1999 solar eclipse - in 90 seconds 01:42 Total solar eclipses in history Eclipses have both fascinated and terrified civilisations for centuries. When King Henry I of England, the son of William the Conqueror, died in 1133, his death happened to coincide with a total solar eclipse plummeting the nation into darkness for four minutes and 38 seconds. Historian William of Malmesbury wrote in 1140 that "the darkness was so great that people at first thought the world was ending."


    'Unraveling our national fabric': Romney condemns Trump after CharlottesvilleMitt Romney said Trump’s comments after violence in Charlottesville had caused ‘the vast heart of America to mourn’. Mitt Romney, the 2012 Republican presidential nominee, warned of an “unraveling of our national fabric” on Friday as he excoriated Donald Trump over his defence of people involved in a neo-Nazi rally. Nearly a week after white nationalists led a bloody protest against the removal of a statue of Confederate general Robert E Lee, Trump continues to face backlash for blaming “both sides” for the violence in Charlottesville, Virginia.


    Children in conflict zones vulnerable to killing, rape: UN draftChildren are particularly vulnerable in the conflicts raging around the globe, according to a draft UN report that specifically pointed the finger of blame in Yemen at the Saudi-led coalition. The draft of an annual UN report on the impact of armed conflict on children lists the countries and entities accused of recruiting child soldiers and using children as weapons of war. "I am highly concerned by the scale and severity of the grave violations that were committed against children in 2016, which included alarming levels of killing and maiming, recruitment and use and denial of humanitarian access," Secretary General Antonio Guterres says in the draft seen by AFP.


    'One of the Most Difficult Scenes.' 3 Kids Found Killed Inside Suburban Home'One of the most difficult scenes'


    Lebanese army, Hezbollah announce offensives against Islamic State on Syrian borderBy Tom Perry and Angus McDowall BEIRUT (Reuters) - The Lebanese army launched an offensive on Saturday against an Islamic State enclave on the northeastern border with Syria, as the Lebanese Shi'ite group Hezbollah announced an assault on the militants from the Syrian side of the frontier. The Lebanese army operation got underway at 5 a.m. (0200 GMT), targeting Islamic State positions near the town of Ras Baalbek with rockets, artillery and helicopters, a Lebanese security source said.


    Girl, 11, makes incredible recovery after friend poured boiling water over her during sleepoverAn 11-year-old girl has made an incredible recovery after a friend poured boiling water over her face at a sleepover. Jamoneisha “Jamoni” Merritt was rushed to hospital with horrific burns after Aniya Grant Stuart, 12, splashed scalding water onto her while she slept at a house in the Bronx, New York, on 7 August. Aniya was charged with felony assault after the incident, which was said to be a "prank" gone horribly wrong.


    Glitch Or Promo? Amazon Echo Dot Is Free Right NowThe Amazon Echo Dot is free on Amazon at checkout thanks to an apparently unlisted "Audible Promo" offer.


    2-Week-Old Orphaned Piglet Comforts Kitten Friend as She Suffers SeizureSriracha the kitten was diagnosed with a neurological disorder called cerebellar hypoplasia and suffers from seizures.


    Once homeless, Iraq War veteran moves into unique new homeMIDWAY CITY, Calif. (AP) — Vernon Poling was 44 years old when he finally got a home of his own.


    Twitter Blasts Ex-Google Employee Who Says Being Conservative Is Like Being Gay In The '50sEx-Google employee James Damore made quite a disturbing false equivalency when he compared being a conservative at the tech company to being gay in the 1950s.


    The storm around America's statues isn't about history. It's about whiteness | Eddie S Glaude, JrConfederate statues are part of a politics that trades on white fears and cultural wars that scapegoat black and brown people. During his infamous press conference this Tuesday, as he vehemently defended his claim that both sides were to blame for the violence in Charlottesville, Donald Trump declared “many of these people were there to protest the taking down of the statue of Robert E Lee. “Not all of those people were white supremacists,” he said.


    State funeral for Pakistan's 'Mother Teresa'Ruth Pfau, a German nun who devoted her life to combatting leprosy in Pakistan, was buried with full state honours on Saturday, in an unprecedented service for a foreign Christian in the Muslim-majority country. Pfau, who died at the age of 87 on August 10 was known locally as Pakistan's Mother Teresa. Pakistan President Mamnoon Hussain attended the state funeral service at St Patrick's Cathedral in the city, where hundreds of people gathered to pay their respects.


    Oxford University employee and US academic brought to Chicago to face murder chargesTwo employees of elite universities charged in the fatal stabbing of a 26-year-old hair stylist were returned to Chicago early Saturday to face charges of first-degree murder in the brutal killing. Chicago police escorted fired Northwestern University professor Wyndham Lathem, 43, and Oxford University financial officer Andrew Warren, 56, from Northern California, where they surrendered peacefully on Aug. 4 after an eight-day, nationwide manhunt. Detectives were questioning the men Saturday. They could appear in court as early as Sunday. The men are accused of killing Trenton James Cornell-Duranleau, a Michigan native who had been living in Chicago, last month in Lathem's high-rise Chicago condo. Chicago police have said Cornell-Duranleau suffered more than 40 stab wounds, including "mutilations," to his upper body. Authorities say the attack was so violent the blade of the knife they believe was used was broken. They found Cornell-Duranleau's body July 27 after the building's front desk received an anonymous call that a crime had occurred on the 10th floor. He had been dead more than 12 hours. By then, authorities say Lathem and Warren had fled the city. According to autopsy results released Friday by the Cook County medical examiner's office, Cornell-Duranleau had methamphetamine in his system at the time of his death. Wyndham Lathem Credit: Chicago Police Department/PA Police say Lathem and Cornell-Duranleau, who moved to Chicago from the Grand Rapids, Michigan, area about a year ago, had a personal relationship, though they have not described the nature of it or a motive for the attack. It's unclear what the relationship was between Lathem, Cornell-Duranleau and Warren, who's British. He arrived in the U.S. three days before the killing, after being reported missing in Great Britain. Lathem, a microbiologist who's been on Northwestern's faculty since 2007 but was not teaching at the time of the attack, was terminated by the university for fleeing from police when there was an arrest warrant out for him. Investigators said the day after the crime was committed Lathem and Warren drove about 80 miles (128 kilometers) northwest of Chicago to Lake Geneva, Wisconsin. One of the men made a $1,000 donation to a local library in Cornell-Duranleau's name. Lake Geneva authorities said the man making the donation didn't give his name. Trenton James Cornell-Duranleau Credit: Facebook At another point after the killing, Lathem sent a video to friends and relatives apologizing for his involvement in the crime, which he called the "biggest mistake of my life." The video raised concern among investigators that Lathem might kill himself. Lathem and Warren both appeared in court in California last week, where they agreed to return to Illinois to face charges. An attorney for Lathem, Kenneth H. Wine, called him a "gentle soul" and said "what he is accused of is totally contrary to the way he has lived his entire life." Wine said Lathem intends to plead not guilty to the charges. Warren was represented by a public defender during a brief appearance in a San Francisco court. She said he is "presumed innocent," but declined to comment further. 


    The Latest: About 20 protesters linger near Dallas cemeteryDALLAS (AP) — The Latest on a conservative rally and counterdemonstration in Boston and around the country (all times local):


    Mexico City fishermen fight to save Aztec floating gardensRoberto Altamirano has the lake to himself as he casts his glistening net onto the still water in a perfect circle, lets it sink, then slowly pulls it in. It comes back bearing a large haul of tilapia and carp -- and that is exactly the problem. Altamirano is one of just 20 or so fishermen who remain in the floating gardens of Xochimilco, an idyllic network of lakes, canals and artificial islands improbably tucked into the urban sprawl of Mexico City.


    Bob Lutz on Why Ford Ousted Mark FieldsHow could Ford's Mark Fields compete with Elon Musk's tunnels and spaceships?


    How to watch the eclipse without eclipse glassesWith the solar eclipse just days away, everyone is trying to get their hands on a last-minute pair of eclipse glasses. But what if you don't have $250 to spend on a pair because you spent too much money on pizza the night before? In a new video, Pizza Hut demonstrates how to use last night's pizza box to make your own  eclipse viewer, so you can enjoy the event without burning your eyes. All you need is a cardboard pizza box, foil, scissors, pen, tape and a sheet of white paper — all which would probably cost you less than 20 bucks. According to Business Insider, the finished product becomes a pinhole camera, which harnesses a property of light called diffraction to bend and magnify light. In this case, that's the sun as it eclipses. It won't allow you to look directly at the eclipse, but it's definitely better than hurting your eyes trying to look at the event without glasses. Sorry Pizza Hut, you could do this with any pizza box/cardboard, but kudos for trying to keep people from burning their eyes out. 


    Storm rips through Austrian beer tent, killing twoZURICH (Reuters) - An intense storm ripped through a beer tent in northwestern Austria, killing two people and injuring at least 40 more, Austrian media reported late on Friday. About 700 people were in the tent erected for a local volunteer fire department festival in St. Johann am Walde, located northeast of Salzburg, when the storm hit suddenly at about 2030 GMT. A man and a woman, both around 20 years old, died, the Austrian Press Agency reported. Of those injured, 10 suffered serious injuries, media reported, without providing specifics. ...


    The Clever Way High School Boys Protested Their School's Sexist Dress CodeStudents from San Benito High School in Hollister, California, are protesting their school’s sexist dress code in a pretty awesome way.


    Steve Bannon out: Trump 'decides to fire chief strategist'Donald Trump has told aides he has decided to remove Steve Bannon from his post as chief White House advisor after seven contentious months in the West Wing. It is unclear when Mr Bannon will leave 1600 Pennsylvania Avenue, however. Mr Bannon initially joined Donald Trump's 2016 presidential campaign one year ago, and gained notoriety - deservedly, or not - for his high profile role at the tail end of a campaign that ultimately shocked analysts with Mr Trump's surprise electoral win.


    What's a total solar eclipse and why this one is so unusualCAPE CANAVERAL, Fla. (AP) — Total solar eclipses occur every year or two or three, often in the middle of nowhere like the South Pacific or Antarctic. What makes Monday's eclipse so special is that it will cut diagonally across the entire United States.


    Furor erupts over killing of teenager as Philippines drugs war escalatesBy Erik De Castro and Manuel Mogato MANILA (Reuters) - The Philippines police came under pressure on Friday to explain the killing of a high-school student after the 17-year-old became one of at least 80 people shot dead this week in an escalation of President Rodrigo Duterte's ruthless war on drugs. Television channels aired CCTV footage that showed Kian Loyd Delos Santos being carried by two men to the place where his body was later found, raising doubt about an official report that said he was shot because he fired at police officers first. Witnesses told the ABS-CBN channel that the teenager did not have a firearm and police officers at the scene handed him a gun, asked him to fire the weapon and run.


    Easy Sheet Cake Recipes