Question

In: Operations Management

What is a "motion" made in a court room? 2-What is the bail system and the...

What is a "motion" made in a court room?

2-What is the bail system and the function of a bail bondsman?

3-What did the U.S. Supreme Court case, United States v. Salerno and Cafero (1987) clarify?

Solutions

Expert Solution

A "Motion" is a written request or proposal to the court to obtain an asked-for order,ruling,or direction.

In United States Law, a Motion is a preocedural device to bring a limited,contested issue before a court for decision. It is a request to the judge to make a decision about the case.

A Bail System is a release of an arrested or imprisoned accused when a specified amount of security is deposited or pledged( as cash or property) to ensure the accused's appearence in court when ordered. In civil cases, an accused has a right to be released on bail before the trial.

Bail bondsman is a person who charges a fee to criminal defendants in exchange for standing as surety for thier bail.

He works independently or as a representative of the agency. His role is to complete bonding paperwork with an accused person,receive payments and track down the person if he fails to appear in court.

UNITED STATES V. SALERNO AND CAFERO

This was a Unites States Supreme Court decision.it determined that the Bail Reform Act of 1984,which permitted the federal courts to detain an arrestee prior to trail if the government could prove that the individual was potentially dangerous to other people in the community,was constitutional.

The case was brought up when American Mafia member Anthony Salerno and Vincent Cafero was arrested on March 21, 1986 and indicated for violating the Racketeer Influenced and Corrupt Organizations Act.and have been incarcerated since that date . They were charged ,alond with 13 others,in a 29-count indictment .Cafero was arrested for participating in a rackeering enterprise, in violation of 18 U.S.C.

On appeal , defendants raise statutory and constitutional challenges to their continued confinement.

The government conceded that neither defendant posed a risk of flight,but it contended that no condition of bail or combination of conditions would assure the safety of the community or any person.

On June 4,the trial judge apparently set a date shortly after October 1 1986 for submission of pretrial motions in this case. Such a leisurely pace in a criminal case involving pretrial detention is difficult to justify.


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