Criminal Procedure keyed to Weinreb
United States v. Salerno
Facts
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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