United States v. Salerno
Encyclopedia
United States v. Salerno, 481 U.S. 739
(1987), was a United States Supreme Court
decision. It determined that the "Bail Reform Act of 1984", which permitted the federal courts to detain an arrestee prior to trial
if the government could prove that the individual was potentially dangerous to other people in the community, did not violate the Due Process Clause
of the Fifth Amendment
, nor the Excessive Bail Clause of the Eighth Amendment
to the United States Constitution
.
The case was brought up when Mafia
member Anthony Salerno
was indicted and arrested for violating the Racketeer Influenced and Corrupt Organizations Act
(RICO Act).
Chief Justice William Rehnquist
wrote the opinion for the majority.
Salerno is famous for expounding the "no set of circumstances" test. Challengers bringing a facial challenge to a statute are claiming the statute is 'void on its face' and should be declared unconstitutional. This is an extremely high burden, because the challenger must show that no set of circumstances exists under which the statute would be valid. The Court did however recognize the well-established overbreadth doctrine
, which provides a different standard for facial challenges of laws alleged to violate the First Amendment
.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1987), was a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision. It determined that the "Bail Reform Act of 1984", which permitted the federal courts to detain an arrestee prior to trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
if the government could prove that the individual was potentially dangerous to other people in the community, did not violate the Due Process Clause
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
of the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
, nor the Excessive Bail Clause of the Eighth Amendment
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
.
The case was brought up when Mafia
American Mafia
The American Mafia , is an Italian-American criminal society. Much like the Sicilian Mafia, the American Mafia has no formal name and is a secret criminal society. Its members usually refer to it as Cosa Nostra or by its English translation "our thing"...
member Anthony Salerno
Anthony Salerno
Anthony "Fat Tony" Salerno was a New York mobster who served as front boss of the Genovese crime family to family boss Vincent "The Chin" Gigante from the 1970s until his conviction in 1986...
was indicted and arrested for violating the Racketeer Influenced and Corrupt Organizations Act
Racketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
(RICO Act).
Chief Justice William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
wrote the opinion for the majority.
Salerno is famous for expounding the "no set of circumstances" test. Challengers bringing a facial challenge to a statute are claiming the statute is 'void on its face' and should be declared unconstitutional. This is an extremely high burden, because the challenger must show that no set of circumstances exists under which the statute would be valid. The Court did however recognize the well-established overbreadth doctrine
Overbreadth doctrine
In American jurisprudence, the overbreadth doctrine is primarily concerned with facial challenges to laws under the First Amendment. American courts have recognized several exceptions to the speech protected by the First Amendment , and states therefore have some latitude to regulate unprotected...
, which provides a different standard for facial challenges of laws alleged to violate the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
.
See also
- List of United States Supreme Court cases, volume 481
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court