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- Title
Giving Joseph Hearings Their Due: How to Ensure that Joseph Hearings Pass Due Process Muster.
- Authors
Greer, Amy
- Abstract
If there is no reasonable basis for treating these confined noncitizens worse than ordinary defendants charged with crimes; worse than convicted criminals appealing their convictions; worse than civilly committed citizens; worse than identical noncitizens found elsewhere within the United States; and worse than noncitizens who have committed crimes, served their sentences, and been definitively ordered removed (but lack a country willing to take them), their detention without bail is arbitrary. Thus, the constitutional language, purposes, and tradition that require bail in instances of criminal confinement also very likely require bail in these instances of civil confinement. That perhaps is why Blackstone wrote that the law provides for the possibility of "bail in any case whatsoever".
- Subjects
UNITED States; DUE process of law; CIVIL rights; NONCITIZEN criminals; NONCITIZENS; UNITED States. Supreme Court
- Publication
Roger Williams University Law Review, 2021, Vol 26, Issue 1, p40
- ISSN
1090-3968
- Publication type
Article