Question

Read the excerpt below.

This case concerned issues related to which constitutional amendment?


"In our society, liberty is the norm, and detention prior to trial or without trial is the carefully limited exception . . . the Bail Reform Act of 1984 fall[s] within that carefully limited exception. The Act authorizes the detention prior to trial of arrestees charged with serious felonies who are found . . . to pose a threat to the safety of individuals or to the community which no condition of release can dispel."

United States v. Salerno (1987)

A
Fourth

B
Sixth

C
Eighth

Answer 1

The correct answer is C) Eighth

The case United States v. Salerno in 1987 was about whether if it is constitutional for the US government can arrest people without waiting to convict them at trial. The discussion was about the government’s power and the right to full criminal process.

The Amendment that was in the center of discussion was the 8th Amendment that says “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. This amendment bans courts from imposing excessive bail conditions.

The Supreme Court decided that the 8th Amendment applied to certain individuals and permitted federal courts to detain and arrest people prior to trial if the government could prove the individual was dangerous.