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Criminal Procedure Keyed to Dressler
United States v. Salerno
Citation:481 U.S. 739, 107 S.Ct. 2095, 95 L.Ed.2d 697.
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- 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.
- 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:
The defendants were arrested after being charged in a 29-count indictment. At their arraignment, the government moved to have them detained pursuant to the Bail Reform Act of 1984. The government presented evidence that they were the “boss” and “captain” of a powerful crime family. Based in large part on conversations intercepted by a court-ordered wiretap, the two defendants had participated in wide-ranging conspiracies to aid their illegitimate enterprises through violent means.
The district court granted the motion, concluding that the government had established by clear and convincing evidence that no condition or combination of conditions of release would ensure the safety of the community or any person. The Court of Appeals reversed, finding that the Bail Reform Act of 1984 was facially unconstitutional as it is not consistent with the Due Process Clause of the Fifth Amendment.
- 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.