States v. Salerno

In States v. Salerno, 481 U.S. 739, 746-48, 95 L. Ed. 2d 697, 107 S. Ct. 2095 (1987), the defendants challenged the constitutionality of the Bail Reform Act of 1984, 18 U.S.C. 3141 et seq. (1982 ed., Supp. III), which allowed arrestees to be held without bail if the government established that no release conditions would ensure the public's safety. See Salerno, 481 U.S. at 741. Rejecting the defendants' argument that this form of pretrial detention constituted impermissible punishment, the Supreme Court held that pretrial detention under the Act was not penal, but rather was regulatory and had the reasonable goal of preventing dangerous defendants from committing crimes while free on bail. See Salerno, 481 U.S. at 746-47. "The mere fact that a person is detained does not inexorably lead to the conclusion that the government has imposed punishment." Salerno, 481 U.S. at 746. Rather, the reviewing court must look to legislative intent to determine whether the statute authorizing pretrial detention is designed to be punitive or regulatory. See Salerno, 481 U.S. at 747. And "there is no doubt that preventing danger to the community is a legitimate regulatory goal." Id.