United States v. Salerno - Significance, Background, Rights Of The Community V. Rights Of The Individual, Further Resistance To The Bail Reform Act

court decision petitioner detention

Petitioner

United States

Respondents

Anthony Salerno, Vincent Cafaro

Petitioner's Claim

That the federal court can order someone who presents a danger to others or the community to be held without bail before trial.

Chief Lawyer for Petitioner

Charles Fried, U.S. Solicitor General

Chief Lawyer for Respondents

Anthony M. Cardinale

Justices for the Court

Harry A. Blackmun, Sandra Day O'Connor, Lewis F. Powell, Jr., William H. Rehnquist (writing for the Court), Antonin Scalia, Byron R. White

Justices Dissenting

William J. Brennan, Jr., Thurgood Marshall, John Paul Stevens

Place

Washington, D.C.

Date of Decision

26 May 1987

Decision

The Supreme Court reversed the court of appeals decision that pretrial detention violated the right to due process of the arrested. The Court found that holding a potentially dangerous person without bail did not violate the right to due process or constitute excessive bail, if the government can supply sufficient evidence to warrant such detention.

Related Cases

Schall v. Martin, 467 U.S. 253 (1984).
United States v. Portes, 786 F.2d 758 (1985).
United States v. Rodriguez, 803 F.2d 1102 (1986).
United States v. Walker, 805 F.2d 1042 (1986).

Sources

West's Encyclopedia of American Law, Vol. 7. Minneapolis, MN: West Publishing, 1998.

Additional Topics

United States v. Salerno - Background

In the mid-1980s, the Reagan administration began pushing for legislation that would reduce crime, especially crime by previously convicted felons and crime lords. The Reagan administration also sought to eradicate organized crime and began targeting Mafia leaders for prosecution through investigation by various government agencies. The Racketeer Influenced and Corrupt Organizations Act of 1970 (R…

United States v. Salerno - Rights Of The Community V. Rights Of The Individual

The government petitioned the U.S. Supreme Court, which began hearing the case on 21 January 1987. At stake in the case was whether people could lose some of their constitutionally granted rights if they were repeat offenders or posed a potential danger to society. While reviewing the decision of the court of appeals, the Supreme Court majority noticed a misunderstanding and misinterpretation of t…

United States v. Salerno - Further Resistance To The Bail Reform Act

Not only did three Supreme Court justices voice dissent after hearing the case, but lawyers around the country took issue with the finding, in particular members of the American Civil Liberties Union (ACLU). Justices Marshall and Brennan sided largely with the court of appeals, asserting that provisions of the Bail Reform Act of 1984 violated portions of the Fifth and Eighth Amendments, as the res…

United States v. Salerno - Racketeering-influenced And Corrupt Organizations Act Of 1970

Congress passed The Racketeering Influenced and Corrupt Organizations Act, more commonly referred to as RICO, in 1970 to help prosecute rapidly expanding organized criminal activity. To that end, a wide array of criminal activities fall under RICO, once a pattern of repeated criminal activity can be established. Racketeering activity requires that such acts must occur within a ten-year period of t…

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