United States v. Salerno (1986)

Docket
86-87
Decided
1986-01-01

Summary

Question: Did the Bail Reform Act violate the Fifth Amendment's Due Process Clause? Conclusion: The Court held that the Act was constitutional because when the government's interest in protecting the community outweighs individual liberty, pre-trial detention can be "a potential solution to a pressing societal problem." The Act only applied to a specific list of serious offenses, placed heavy burdens on the government to prove that the arrestee posed significant threats to others, and did not prevent the accused from enjoying a speedy trial. The Court also dismissed Salerno's argument that the Act violated the Excessive Bail Clause of the Eighth Amendment.

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