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Simpson v. Arizona & Martinez v. Arizona
Amicus Curiae Brief of the American Civil Liberties Union, the American Civil Liberties Union of Arizona, and the National Association of Criminal Defense Lawyers in Support of Petitioners.
Argument: Categorical denials of the right to bail run afoul of due process. Courts have emphasized that pretrial liberty is the norm since U.S. v. Salerno. Hearings to determine whether "the proof is evident or the presumption is great" do not satisfy due process requirements as they violate the presumption of innocence. Arizona's categorical bail denial law is an outlier despite the well-established tradition nationwide of release in noncapital cases. Pretrial detention causes widespread, irreparable, and unnecessary harm.