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The Story of United States v. Salerno: The Constitutionality Daniel C. Richman, Fordham University School of Law Download the Paper (PDF format) - April 1, 2005 Tell a colleague about it. Printing Tips: Select 'print as image' in the Acrobat print dialog if you have trouble printing. ABSTRACT: Is it constitutional for the government to lock up people without waiting to convict them at trial? If it is, what are the limits on the government’s power to lock up anyone it deems dangerous? These are issues raised by preventive detention provisions in bail statutes, and addressed in United States v. Salerno. The controversy about these bail statutes, once so hotly contested, has died down. But the broader questions about the government’s power to detain suspected criminals without giving them the benefit of full criminal process remain unresolved, and have taken on a new urgency as the nation confronts the threat of more terrorist attacks. This essay, intended as a chapter in the Criminal Procedure Stories volume, explores the story of Salerno and of the doctrinal analysis that emerged from it. SUGGESTED CITATION: Daniel C. Richman, "The Story of United States v. Salerno: The Constitutionality " (April 1, 2005). Fordham University School of Law. Fordham Law Faculty Colloquium Papers. Paper 12. http://lsr.nellco.org/fordham/flfc/papers/12 | REPOSITORY HOME  | SEARCH  | MY ACCOUNT  | NELLCO HOME | Powered by bepress.