United Stakes v. Salerno

United Stakes v. Salerno, 481 U.S. 739, 107 S. Ct. 2095, 95 L. Ed. 2d 697 (1987), addressed a due process challenge to the federal Bail Reform Act. In upholding the federal law, the United States Supreme Court noted that the statute provided a defendant with a number of procedural protections, including: "(1) the right to counsel; (2) the opportunity to testify and present information; (3) the opportunity to cross-examine opposing witnesses; (4) the statutory factors governing the preventative-detention decision-making process; (5) a requirement of findings of fact and a statement of reasons for the decision; (6) a requirement of proof by clear and convincing evidence." Salerno, 481 U.S. at 751-52. In Salerno, the United States Supreme Court balanced the need for a fair hearing against the interests of society of preventing harm by dangerous criminals. The Court determined that the requirements of procedural due process were met because the procedures required by the federal Bail Reform Act were "specifically designed to further the accuracy" of determining "future dangerousness." Id. at 751. The act's procedural safeguards include the defendant's right to counsel at the hearing, the right to testify and present witnesses and to proffer evidence. Id. The defendant also may cross examine other witnesses at the hearing. Id. Given these safeguards, the court held that "when the Government proves by clear and convincing evidence" that the defendant presents a threat to the community, he may be held without bail consistent with the Due Process clause. Id.