Preventive Detention: United States v. Salerno

Abstract

Our constitutional form of government is a delicate balance between two important principles: the protection of individual liberty interests and the preservation of society as a whole. United States v. Salerno represents a confrontation between these two principles. The 1984 Bail Reform Act favors the preservation of society by detaining, without bail, arrestees posing a threat to the safety of the community. The Supreme Court recently considered the constitutionality of the Act in United States v. Salerno. The Court upheld the pretrial detention of dangerous arrestees, finding that pretrial detention constituted a permissible governmental regulation and, therefore, the Act did not violate the fifth or eighth amendments to the Constitution. This Note will examine three topics. First, it will discuss the provisions and the legislative history of the 1984 Bail Reform Act. Second, it will discuss why the Act withstood constitutional challenge in Salerno. Third, it will address the constitutional issues raised by the lack of a specific limitation on the length of detention. Our constitutional form of government is a delicate balance between two important principles: the protection of individual liberty interests and the preservation of society as a whole. United States v. Salerno represents a confrontation between these two principles. The 1984 Bail Reform Act favors the preservation of society by detaining, without bail, arrestees posing a threat to the safety of the community. The Supreme Court recently considered the constitutionality of the Act in United States v. Salerno. The Court upheld the pretrial detention of dangerous arrestees, finding that pretrial detention constituted a permissible governmental regulation and, therefore, the Act did not violate the fifth or eighth amendments to the Constitution. This Note will examine three topics. First, it will discuss the provisions and the legislative history of the 1984 Bail Reform Act. Second, it will discuss why the Act withstood constitutional challenge in Salerno. Third, it will address the constitutional issues raised by the lack of a specific limitation on the length of detention.