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Criminal Procedure keyed to Kamisar
United States v. Salerno
Citation:481 U.S. 739, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987)
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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.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- 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.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- 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 (defendant) was arrested and charged with violating the Racketeer Influenced and Corrupt Organizations (RICO) Act. The allegations included fraud, extortion, gambling, and conspiracy to commit murder. The Government moved to have Salerno detained pursuant to 18 U.S.C. 3142(e), which gives a judge the authority to order a person detained prior to trial if no conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community. The Government offered evidence that Salerno was the boss of the Genovese Crime Family of La Cosa Nostra, and two witnesses claimed Salerno was personally involved in two murder conspiracies. The trial court granted the Government’s detention motion.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.