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Article • September 21, 2005
U.S. v. Salerno, No. 86-87 (U.S. Supreme Court) (481 U.S. 739; 107 S.Ct. 2095) (May 26, 1987) (Justice Rehnquist) by Here the Court rejected constitutional challenges to the Bail Reform Act, although it did agree that when the Government acts to deprive a person of life, liberty or property without …
Article • February 1, 1999 • from P&J February, 1999
Martinez v. Greene, No. Civ.A. 98-B-2257 (D.Colo.) (28 F.Supp.2d 1275) (December 14, 1998) (Judge Lewis T. Babcock) by Here the Court held that the statute requiring that criminal aliens detained for deportation proceedings be held without bail pending determination of deportability violated, on its face, constitutional right to due process. …
Article • February 1, 1999 • from P&J February, 1999
U.S. v. Herrera, No. Crim. No. 3:98-CR-331-D (N.D.Tex.) (29 F.Supp.2d 756) (December 10, 1998) (Judge Sidney A. Fitzwater) by The court stressed that § 3148(b) singles out "the attorney for the Government" as the person who may file a motion to revoke pretrial release; and it reasoned: "Congress has spoken …
Article • June 1, 1998 • from P&J June, 1998
U.S. v. Gonzales, No. CR. 95-538 (D.N.M.) (995 F.Supp. 1299) (March 13, 1998) (Judge Martha Vazquez) by Case held that a pre-trial detention of 28 months, with further delays possible, did not violate defendant's due process rights. Court held that it was not sufficient to look solely at the length …
Article • October 1, 1997 • from P&J October, 1997
U.S. v. Sutton, No. 96-469(WGB) (D.N.J.) (973 F.Supp. 488) (July 22, 1997) (Judge William G. Bassler) by This case raises an intriguing and potentially fertile ground for sentencing departures: pre-trial incarceration either for a prolonged period or under deplorable conditions. The defendant in this case argued that the conditions at …
Article • September 1, 1997 • from P&J September, 1997
U.S. v. Lanier, No. 93-5608 (6th Cir.) (120 F.3d 640) (August 14, 1997) (Per Curiam) by In January of 1996, an en banc Sixth Circuit reversed the civil rights conviction of a State Judge who had been charged, under 18 U.S.C. § 242, with various acts of sexual misconduct while …
Article • July 1, 1997 • from P&J July, 1997
Riley v. Dorton, No. 94-7120 (4th Cir.) (115 F.3d 1159) (June 16, 1997) (Judge J. Harvie III Wilkinson) by Case held that Fourth Amendment did not extend protection from excessive force to pretrial detainees.
Article • January 1, 1997 • from P&J January, 1997
U.S. v. Bellomo, No. 96 Cr. 430 (LAK) (S.D.N.Y.) (944 F.Supp. 1160) (October 30, 1996) (Judge Lewis A. Kaplan) by QUOTE OF THE WEEK - Pretrial Detention - The Hallmark of the Totalitarian State "[I]t is well to remember the magnitude of the injury that pretrial detention inflicts and the …
Article • January 1, 1994
U.S. v. Gallo, No. 86-CR-452 (E.D.N.Y.) (653 F.Supp. 320) (November 14, 1986) (Judge Jack B. Weinstein) by Case is noted for Judge Weinstein's oft-quoted discussion of the traumatizing effects of lengthy pre-trial incarceration. "The inevitable consequences of pretrial incarceration, particularly when prolonged beyond a short period, are undeniably severe. They …