Also known as: mainprises · mainprised · mainpernor · mainpernors · mainpernable · mainprize · bail · surety
Written by attorneys · grounded in primary & secondary sources — see below
A historical suretyship by which a prisoner is delivered into the custody of a mainpernor who undertakes responsibility for the prisoner's appearance in court on a specified date.
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Miguel Mendoza was released on mainprise after his arrest on federal charges. During later civil discovery in a related suit, opposing counsel sought notes prepared by his mainpernor's agent in anticipation of the criminal proceeding. The court applied the work-product rule to shield those materials because they were prepared in anticipation of litigation.
Melissa Mills stood before the magistrate after her arrest. The court set mainprise at an amount the defendant argued was excessive under the constitutional prohibition. The judge reduced the surety obligation after finding no justification for the higher figure.
Maria Morales was released on mainprise in one district. When the case was transferred, the clerk forwarded the mainprise undertaking and related papers to the receiving court as required by the procedural transfer rule.
Melanie Morris was arrested during a protest and released on mainprise. The court later considered whether the release conditions complied with constitutional standards governing pretrial liberty.
Miles Montgomery posted mainprise for a defendant in another state. The forum court exercised jurisdiction over the mainpernor based on the surety's contacts with the state arising from the undertaking.
Mustafa Mahmoud challenged a state rule that denied mainprise to certain nonresidents. The court examined whether the distinction violated equal protection principles applicable to pretrial release decisions.
Mainprise is the historical predecessor to modern bail and surety bonds that secure a defendant's appearance in court.
Supporting sources
The Eighth Amendment's prohibition on excessive bail limits the amount that may be required when a defendant is released on mainprise or its modern equivalent.
Mainprise requires a surety who assumes personal responsibility for the prisoner's appearance, whereas release on recognizance relies solely on the defendant's own promise.
Supporting sources
…history of the Fourteenth Amendment in its reliance on the "compelling state interest" test. See Weber v. Aetna Casualty & Surety Co. , 406 U. S. 164, 179 (1972) (dissenting opinion). But the Court adds a new wrinkle to this test by transposing it from the legal considerations associated with the Equal Protection…