United States v. Salerno

Media Items
United States v. Salerno - Oral Argument
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Advocates
Anthony M. Cardinale (Argued the cause for the respondent)
Charles Fried (Argued the cause for the United States)
Case Basics
Docket No.: 
86-87
Petitioner: 
United States
Respondent: 
Salerno
Opinion: 
481 U.S. 739 (1987)
Categories: 
justiciability, criminal
Location No location information present.

Cite this page
The Oyez Project, United States v. Salerno , 481 U.S. 739 (1987)
available at: (http://oyez.org/cases/1980-1989/1986/1986_86_87)
Facts of the Case: 

The 1984 Bail Reform Act allowed the federal courts to detain an arrestee prior to trial if the government could prove that the individual was potentially dangerous to other people in the community. Prosecutors alleged that Salerno and another person in this case were prominent figures in the La Cosa Nostra crime family.

Question: 

Did the Bail Reform Act violate the Fifth Amendment's Due Process Clause?

Conclusion: 

The Court held that the Act was constitutional because when the government's interest in protecting the community outweighs individual liberty, pre-trial detention can be "a potential solution to a pressing societal problem." The Act only applied to a specific list of serious offenses, placed heavy burdens on the government to prove that the arrestee posed significant threats to others, and did not prevent the accused from enjoying a speedy trial. The Court also dismissed Salerno's argument that the Act violated the Excessive Bail Clause of the Eighth Amendment.

Decisions

Decision: 6 votes for United States, 3 vote(s) against
Legal provision: 18 U.S.C. 3141

Sort by Ideology

Wrote the majority opinion
Rehnquist
Voted with the minority, joined Marshall's dissent
Brennan
Voted with the majority
White
Wrote a dissent
Marshall
Voted with the majority
Blackmun
Voted with the majority
Powell
Wrote a dissent
Stevens
Voted with the majority
O'Connor
Voted with the majority
Scalia

Full Opinion by Justice William H. Rehnquist

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