UNITED STATES v. SALERNO, 481 U.S. 739 (1987)
History: Anthony “Fat Tony” Salerno, a supposed member of the La Cosa Nostra crime family, was detained by the federal courts before the actual trial due to the 1984 Bail Reform Act. The federal court system believed that Salerno was not only a part of a prominent crime family in New York, but that he was potentially dangerous to the community.
Facts: Salerno was indicted for several different charges due to the Racketeering, Influence and Corrupt Organizations Act also known as “RICO”. This also included other allegations of mail fraud, wire fraud, extortion, and multiple gambling violations. After he was proven to be a prominent leader of the la Cosa Nostra crime family, the government indicated that under the laws of the Bail Reform Act of 1984, he was considered a danger to the community and the people, the federal courts asked that he be detained until trial. During the trial this request was granted; but, the Second Circuit Court of Appeals discovered that the authorization of pretrial detainment due to possible future dangerousness to the community to be an unconstitutional deprivation of Salerno’s rights. The United Sates government appealed the decision of the Bail Reform Act of 1984.
Issues (1): is the pre-trial detainment of a potentially dangerous individual to the community constitutional? …show more content…
Basically, this dissent argued that the Act was unconstitutional. He believed that Salerno was in fact being held guilty until proven
History: Anthony “Fat Tony” Salerno, a supposed member of the La Cosa Nostra crime family, was detained by the federal courts before the actual trial due to the 1984 Bail Reform Act. The federal court system believed that Salerno was not only a part of a prominent crime family in New York, but that he was potentially dangerous to the community.
Facts: Salerno was indicted for several different charges due to the Racketeering, Influence and Corrupt Organizations Act also known as “RICO”. This also included other allegations of mail fraud, wire fraud, extortion, and multiple gambling violations. After he was proven to be a prominent leader of the la Cosa Nostra crime family, the government indicated that under the laws of the Bail Reform Act of 1984, he was considered a danger to the community and the people, the federal courts asked that he be detained until trial. During the trial this request was granted; but, the Second Circuit Court of Appeals discovered that the authorization of pretrial detainment due to possible future dangerousness to the community to be an unconstitutional deprivation of Salerno’s rights. The United Sates government appealed the decision of the Bail Reform Act of 1984.
Issues (1): is the pre-trial detainment of a potentially dangerous individual to the community constitutional? …show more content…
Basically, this dissent argued that the Act was unconstitutional. He believed that Salerno was in fact being held guilty until proven