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Criminal Procedure keyed to Saltzburg
United States v. Salerno
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Anthony “Fat Tony” Salerno was indicted on several violations of the Racketeering, Influence and Corrupt Organizations Act (RICO), along with mail and wire fraud, extortion and various criminal gambling violations. After it was determined that he was the boss of la cosa nostra crime family, the government established that no condition or combination of conditions would ensure the safety of any person or the community and, under the provisions of the Bail Reform Act of 1984, asked that he be detained until trial. At the trial level, this request was granted; however, the Second Circuit Court of Appeals found that the authorization of pretrial detention on the ground of possible future dangerousness to be an unconstitutional deprivation of liberty. The government appealed.
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