United States v. Salerno

Congress's Bail Reform Act allowed pretrial detention if the government proved by clear and convincing evidence, at an adversarial hearing with counsel and cross-examination, that an arrestee's release would endanger public safety. Anthony Salerno (defendant), indicted on RICO charges as an alleged organized crime boss who had personally participated in murder conspiracies, was detained under the Act after the district court found no release conditions could ensure community safety; the court of appeals held the Act facially unconstitutional under due process, and the government sought review.