Boyle. 342 U.S. 1 (1951) emphasized the traditional importance of bail in criminal cases stating: Unless the right to bail before trial is preserved. the presumption of innocence . . . would lose Its meaning. On the other hand. the Supreme Courtby a slim 5 to 4 majorityheld in Carlson v. Landon. 342 U.S. 524 (1952) that at least as to an alien Communist awaiting deportation. no absolute right to bail exists. Some have interpreted this as a rejection of the theory that the eighth amendment guarantees a right to bail. but it is questionable whether this decision would be extended to the criminal situation. A second constitutional problem concerns the fifth amendment right of due process since preventive detention would deprive a defendant of his liberty prior to conviction.
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deportation