People can be subject to pre-trial detention. Violent offenders are sometimes denied bail, entirely, if they are determined to be a a safety threat to the publi

People can be subject to pre-trial detention. Violent offenders are sometimes denied bail, entirely, if they are determined to be a a safety threat to the public. There exists precedence to detain people prior to trial. If the situation gets to the point where crime becomes de-facto legal then this precedent should be used to curb repeat offenses. Would it hold up to constitutional scrutiny? Who knows. But interpretations of the Constitution change. A hundred years ago people would probably be baffled that the Constitution was used to justify gay marriage and abortion - interpretations change and adapt to new ideals and values. As people say "the Constitution is not a suicide pact."