CONSTITUTIONALITY OF PRETRIAL DETENTION

• NCJ Number: 8019
• Author(s): H H MEYER
• Date Published: 1972
• Length: 151 pages
• Corporate Author: Georgetown University
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINTED FROM GEORGETOWN LAW JOURNAL, V 60, N 5, MAY 1972 AND V 60, N 6, JUNE 1972

Annotation

HISTORICAL ANALYSIS OF THE LEGISLATIVE PREROGATIVE TO IMPOSE CONSTITUTIONALLY PERMISSIBLE LIMITATIONS ON PRETRIAL RELEASE.

Abstract

THE AUTHOR NOTES THAT THE EIGHTH AMENDMENT PROHIBITS ONLY EXTENSIVE BAIL-IT DOES NOT PRECLUDE LEGISLATIVE LIMITATION ON BAIL. PRETRIAL DETENTION IN THE DISTRICT OF COLUMBIA IS SUCH A LIMITATION. HISTORICALLY, IN BOTH CONTINENTAL AND ANGLO-SAXON JURISPRUDENCE, THERE HAS NEVER BEEN AN ABSOLUTE RIGHT TO BAIL. SAFEGUARDS HAVE BEEN IMPOSED TO PREVENT ABUSE OF AUTHORITY AND ENSURE ADHERENCE TO REGULAR PROCEDURES, BUT THIS DOES NOT ENTAIL A RIGHT TO RELEASE. THE AUTHOR CONTENDS THAT AMERICAN COURTS HAVE PERVERTED THE RIGHT TO REGULAR PROCEDURES BY EXPANDING 'DUE PROCESS' TO INCLUDE MANY RIGHTS UNINTENDED BY THE FRAMERS OF THE CONSTITUTION. 'DUE PROCESS' IS NOT A SEPARATE 'NATURAL LAW' RIGHT. WHEN DUE PROCESS HAS BEEN ACCORDED BY LEGISLATIVELY ENACTED LIMITATIONS ON BAIL, THERE IS NO INFRINGEMENT OF CONSTITUTIONAL RIGHTS.