Search for: "United States v. Salerno" Results 41 - 60 of 68
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29 Aug 2014, 12:27 pm by Stephen Bilkis
Supreme Court precedent, set forth in Salerno, instructs that a person can be confined pending trial only if, along with a finding of probable cause, the State proves by clear and convincing evidence that there are no conditions of release that can reasonably assure the safety of the community or any person, before such person may be detained pending trial. [read post]
25 Aug 2014, 12:24 pm by Stephen Bilkis
In 1979, the United States Supreme Court in Addington v Texas held that constitutional due process required the government to prove two statutory preconditions by clear and convincing evidence before a court could commit an individual to a mental institution: (1) that the person sought to be committed is mentally ill; and (2) that such person requires hospitalization for his own welfare and protection of others. [read post]
18 Aug 2014, 12:20 pm by Stephen Bilkis
In 1975, the Supreme Court in O’Connor v Donaldson held that it was unconstitutional for a state to continue to confine a harmless, mentally ill person. [read post]
16 Oct 2013, 11:18 am by David Markus
SREBNICK: The right to be released on bail, that is, the right not to be detained all the way until trial, under this Court's precedent in United States v. [read post]
30 Jul 2013, 1:45 pm by Orin Kerr
Today the Fifth Circuit issued its opinion, which is available here: In Re: Application of the United States of America for Historical Cell Site Data. [read post]