United States v. Salerno
Citation: 481 U.S. 739 (1987)
Facts
Anthony Salerno, alleged boss of the Genovese crime family, was arrested on RICO charges. The government moved for pretrial detention under the Bail Reform Act of 1984, which permits detention without bail when the government demonstrates by clear and convincing evidence that no conditions of release would reasonably assure community safety. The district court detained Salerno; he challenged the Act as facially unconstitutional.
Issue
Whether the Bail Reform Act of 1984’s provision authorizing pretrial detention based on dangerousness to the community violates the Due Process Clause or the Excessive Bail Clause of the Eighth Amendment.
Holding
The Supreme Court upheld the Bail Reform Act, holding that pretrial detention based on future dangerousness does not violate due process (it is a regulatory, not punitive, measure) and does not per se violate the Eighth Amendment’s excessive bail clause.
Rule
Pretrial detention without bail is constitutionally permissible as a regulatory measure to protect the community, provided adequate procedural safeguards are in place. The government’s interest in community safety can outweigh the individual’s liberty interest before trial.
Significance
Salerno is the central case on pretrial detention and the constitutional limits of the Bail Reform Act. It is essential for understanding the distinction between regulatory and punitive detention, and it frames debates about bail reform, mass incarceration, and the treatment of defendants before conviction.