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United States v. Salerno - Case Study Example

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Due to evidence that he proved to be a danger to the community, the government requested that he be held without bail until trial. The 2nd Circuit Court of Appeals found that pretrial detention based upon the possibility of future dangerousness to be unconstitutional and a deprivation of liberty. The government won during the appeal round at the U.S. Supreme Court (“United States v. Salerno”). The 8th Amendment of the United States Constitution, which is based upon the English Bill of Rights, prohibits the application of excessive bail or fines, including cruel and unusual punishments. The right of bail is part of the U.S. Supreme Court belief in a person's right to traditional freedom prior to conviction. This law prevents the law enforcers from unlawfully holding an accused in jail for an indefinite period of time. This is the law that is used to support the belief that a person is innocent until proven guilty in trial. Although the 8th Amendment does not clearly speak of a person's right to bail, it does mention that it does not allow the imposition of excessive bail. It is important to note that the Excessive Bail Clause, which is part of the 8th Amendment of the United State Constitution.is only put into effect within federal pre-trial detention.

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Summary

United States v. Salerno was during the trial for this case that the US Supreme Court decided that a detainee may be kept under arrest provided that the prosecution could prove that the accused was a danger to the community and other people…
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