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Liberty, Bail, and the Presumption of Innocence

This doctrinal map shows the major competing opinion lines in the Supreme Court's pretrial detention jurisprudence. Red triangles represent opinions that justified limitations on pretrial liberty and eroded the presumption of innocence. Green triangles represent opinions that championed a more expansive view of pretrial liberty and the presumption of innocence.

Click on any triangle to open a PDF version of the opinion in a separate window. We believe that the better constitutional vision is championed by the green line, especially in Stack and in inspired dissents like McGinnis, Wolfish, and Salerno.

More Pretrial Justice Resources