Criminal Justice

You are an attorney who represents Joey Maltese. Joey has been charged with six counts of tax fraud and six counts of tax evasion, embezzlement, and conspiracy to commit murder. The prosecutors in Joeys case contend that Joey poses a threat to public safety. They filed a motion seeking to have Joey held without granting bail pending trial. You conduct a little legal research as follows to see if prosecutors will be successful on their motion:

    1. Please read the Syllabus portion of United States v. Salerno, 481 U.S. 739 (1987); https://www.law.cornell.edu/supremecourt/text/481/739. Pay particular attention to the Bail Reform Act of 1984. Discuss its provisions.

    2. Discuss how the Risk-Needs Assessment (RNA) is used in making determinations about granting bail. Lay out the factors that work for or against Joey. In other words, create a fictional actuarial instrument for your client based on objective criteria. Discuss, too, how much risk Joey poses to the community. Please read the following article as well, which will also help you in preparing your analysis: https://www.ca.gov/archive/gov39/2018/08/28/governor-brown-signs-legislation-to-revamp-californias-bail-system-protect-public-safety/index.html

  3. Explain what the U.S. Supreme Court said in United States v. Salerno regarding whether the Eighth Amendment requires release on bail.