Whether a constitutional right to bail is implied in the excessive bail clause of the 8th amendment is debatable. Similarly, due process rights may or may not be inherent in the 5th and 14th amendments. Other debatable issues are the scope of the right to bail, the criteria by which this right should be judged, and the reasons why some defendants are released and others are detained. Predictions of likelihood of flight or danger to the community cannot be made accurately. A rational relationship should exist between criteria used for determining whether individuals should be detained and the outcome sought (i.e., they will appear for trial). Cases which have some bearing on this issue are Griffin v. Illinois, Carlson v. Landon, and Stack v. Boyle. Most State constitutions in Colonial America and the 1800's had an excessive bail clause and a right to pretrial release in noncapital cases. Questions and answers conclude the session. The speaker is a law professor.