And for the same reason the first Congress classified them as nonbailable. the 91st Congress has the power to classify them as nonbailable. Congress has the power to authorize detention before trial not only with respect to noncapital offenses but nonviolent offenses. Under present statutes and case law. certain juveniles can be detained. sexual psychopaths and the mentally disturbed can be detained. Pretrial detention is authorized for defendants. who threaten witnesses. accused persons awaiting extradition. aliens awaiting deportation proceedings. Even under the Bail Reform Act of 1966. the accused can be jailed if he is likely to flee before trial. Pretrial detention. as provided in this legislation. does not violate the due process clause.
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deportation