United States v. Salerno

law case

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July 20, 2026

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United States v. Salerno was a U.S. Supreme Court case decided in 1987 that addressed the constitutionality of preventive detention. The Court held that the U.S. Congress's 1984 preventive detention act did not violate the Fifth Amendment's due process clause or the Eighth Amendment's prohibition against excessive bail. This ruling established that individuals could be detained before trial if the government demonstrated that no release conditions could ensure the safety of the community or specific individuals. Following this decision, several U.S. states enacted their own preventive detention laws.12

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preventive detention
Supreme Court in United States v. Salerno, decided in 1987. The court held that the preventive detention bill violated neither the due process clause of the Fifth Amendment nor the excessive bail language of the Eighth Amendment. After Salerno, preventive detention laws were adopted in a number of…
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Supreme Court in United States v. Salerno, decided in 1987. The court held that the preventive detention bill violated neither the due process clause of the Fifth Amendment nor the excessive bail language of the Eighth Amendment. After Salerno, preventive detention laws were adopted in a number of…
Read More