United States v Salerno
Case Study: United States v. Salerno 481 U.S. 739 (1987)
Using your text and the internet, in narrative format with a minimum of 500 words, outline the case of United States v. Salerno, 481 U.S. 739 (1987). Give the facts, issue, and court holding of the case.
In the case of United States v. Salerno, Anthony “Fat Tony” Salerno was arrested on charges of numerous RICO violations, and detained without bail. This case determined that the Bail Reform Act of 1984 did not violated the Due Process clause of the Fifth Amendment nor the Excessive Bail clause of the Eighth Amendment. Salerno was indicted on 35 violations of the Racketeering, Influence and Corrupt Organizations (RICO) act that included mail and wire fraud, criminal gambling violations and extortion. It was also determined that Salerno was the boss of the la cosa nostra crime family. After this discovery, the government concluded that there were no provisions that would ensure the safety of the community. Under the Bail Reform Act of 1984, the government asked that Salerno be detained until his trial. The request for his detainment was granted on the trial court level. Salerno challenged this decision based on the premise that he was detained without bail. However, the Second Circuit Court of appeals found that Salerno’s pretrial detainment on the grounds of future dangerous behaviors violated his civil liberties. After this decision was made, the government appealed.
The primary issue in this case is whether or not pre-trial detention of a potentially dangerous suspect is punitive making it an unconstitutional deprivation of liberty without due process of the law. The Supreme Court held that the detention of a potentially dangerous suspect is regulatory. Additionally, it was held that when there is sufficient compelling interest, the detention of a dangerous suspect can be justified due to the pending threat the person may cause to society as a result of their release. However, there was dissent in this
Using your text and the internet, in narrative format with a minimum of 500 words, outline the case of United States v. Salerno, 481 U.S. 739 (1987). Give the facts, issue, and court holding of the case.
In the case of United States v. Salerno, Anthony “Fat Tony” Salerno was arrested on charges of numerous RICO violations, and detained without bail. This case determined that the Bail Reform Act of 1984 did not violated the Due Process clause of the Fifth Amendment nor the Excessive Bail clause of the Eighth Amendment. Salerno was indicted on 35 violations of the Racketeering, Influence and Corrupt Organizations (RICO) act that included mail and wire fraud, criminal gambling violations and extortion. It was also determined that Salerno was the boss of the la cosa nostra crime family. After this discovery, the government concluded that there were no provisions that would ensure the safety of the community. Under the Bail Reform Act of 1984, the government asked that Salerno be detained until his trial. The request for his detainment was granted on the trial court level. Salerno challenged this decision based on the premise that he was detained without bail. However, the Second Circuit Court of appeals found that Salerno’s pretrial detainment on the grounds of future dangerous behaviors violated his civil liberties. After this decision was made, the government appealed.
The primary issue in this case is whether or not pre-trial detention of a potentially dangerous suspect is punitive making it an unconstitutional deprivation of liberty without due process of the law. The Supreme Court held that the detention of a potentially dangerous suspect is regulatory. Additionally, it was held that when there is sufficient compelling interest, the detention of a dangerous suspect can be justified due to the pending threat the person may cause to society as a result of their release. However, there was dissent in this