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Criminal Procedure Keyed to Chemerinsky
United States v. Salerno
Citation:481 U.S. 739 (1987)
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- 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.
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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:
Salerno (Respondent) was charged with fraud and various other offenses, and the district court granted the government’s motion for pretrial detention. The government presented evidence from a wiretap and witness testimony indicating that Salerno would present a danger to the community if he were not detained before his trial. The Second Circuit reversed, holding that the provision of the Bail Reform Act allowing for pretrial detention under these circumstances was unconstitutional to the extent that it permits pretrial detention on the ground that the arrestee is likely to commit future crimes.
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