United States Supreme Court
481 U.S. 739 (1987)
Congress passed the Bail Reform Act (Act) in 1984. The Act allows a federal court to detain an arrestee before trial if the government can show by clear and convincing evidence that the safety of others will be jeopardized upon his release. The Act requires an adversary hearing where the arrestee has the right to have an attorney present; he may testify and present his own witnesses, proffer evidence, and cross-examine the government’s witnesses. The decision is left to a judicial officer but Congress outlined relevant factors to consider. In this case, Salerno (defendant) and another man were arrested after being charged on a 29-count indictment. At Salerno’s arraignment, the government moved to have him detained pursuant to the 1984 Act. At the hearing, the government showed that Salerno was the “boss” of a powerful crime family. The district court granted the government’s detention motion, concluding that the government had met its burden. On appeal, the court of appeals held that the Act was unconstitutional on its face as a violation of due process.
Rule of Law
Holding and Reasoning (Rehnquist, C.J.)
Dissent (Marshall, J.)
Dissent (Stevens, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 200,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.