![]() ![]() ![]() These sections contain specific guidelines that "judicial officers" must follow in considering whether a defendant should be detained or released pending federal criminal proceedings. In federal criminal proceedings, release and detention determinations are governed by the Bail Reform Act of 1984. at 752, and "the Due Process Clause of the Fifth Amendment". The subject of bail and detention also implicates the Fourteenth Amendment's Due Process Clause, and requires that laws imposing pretrial detention "serve a compelling governmental interest", Salerno, 481 U.S. 739, 754-55 (1987)("eighth amendment does not grant absolute right to bail"). The United States Supreme Court has interpreted this amendment to prohibit the imposition of excessive bail without creating a right to bail in criminal cases. General Provisions Regarding Bail and Detention in Criminal Cases: The Eighth Amendment to the United States Constitution provides that "xcessive bail shall not be required. ![]()
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