DOJ-OGR-00000543.jpg
582 KB
Extraction Summary
2
People
1
Organizations
2
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
582 KB
Summary
This document is a court transcript from July 24, 2019, capturing a discussion between a speaker, Mr. Weinberg, and the Court. Mr. Weinberg argues that a defendant's 14 years of self-discipline should be considered evidence against future risk, questioning the government's ability to prove otherwise. The Court expresses significant interest in this argument, referencing government-supported studies on long-term recidivism among sex offenders that it has reviewed.
People (2)
| Name | Role | Context |
|---|---|---|
| MR. WEINBERG | Speaker (likely an attorney) |
Speaking in court, arguing a premise about his client's self-discipline and risk of re-offending.
|
| The Court | Judge |
Speaking in court, expressing interest in the question of recidivism and referencing studies on the topic. Addressed ...
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page as the court reporting service.
|
Timeline (1 events)
2019-07-24
A court hearing where Mr. Weinberg and The Court discuss the relevance of a 14-year period of good behavior to a defendant's current bail conditions and risk of recidivism.
Courtroom (implied)
Relationships (1)
The document is a transcript of a formal court proceeding where Mr. Weinberg, likely an attorney, is presenting an argument to The Court (the judge).
Key Quotes (3)
"I think the premise is that when the man was not under conditions of release, if your Honor was to exercise your power to release him, he didn't re-engage in this activity that constitutes the heart of both the Florida and the current New York prosecutions."Source
— MR. WEINBERG
(Arguing that the defendant's past behavior while not under release conditions is evidence of low future risk.)
DOJ-OGR-00000543.jpg
Quote #1
"So I'm very interested in this question. It's a very interesting question. As you may or probably know, there are studies of recidivism, studies of recidivism directly related to sex offenders."Source
— THE COURT
(Responding to Mr. Weinberg's argument and indicating an intention to consider external research on the topic.)
DOJ-OGR-00000543.jpg
Quote #2
"These are, I think, government-supported studies that measure recidivism beyond 10 or 14 or 15 years and that purport, if I read these studies, to show that the nature"Source
— THE COURT
(Describing the studies on recidivism that the court has reviewed.)
DOJ-OGR-00000543.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,516 characters)
Case 1:19-cr-00490-RMB Document 36 Filed 07/24/19 Page 33 of 74 33
1 don't find any case where that says 14 years, and it's over or
2 it evaporates, etc.
3 The argument though is that 14 years ought to be
4 enough of a period of time. Right?
5 MR. WEINBERG: I think the premise is that when the
6 man was not under conditions of release, if your Honor was to
7 exercise your power to release him, he didn't re-engage in this
8 activity that constitutes the heart of both the Florida and the
9 current New York prosecutions.
10 And at a certain point, when you're dealing with the
11 government's burden to prove by clear and convincing evidence
12 going forward in the future, the idea that he would abandon his
13 14 years of self-discipline when he's under conditions of bail
14 that can result in his rearrest and re-detention -- I don't
15 think the government can carry that weight or carry that
16 burden.
17 THE COURT: So I'm very interested in this question.
18 It's a very interesting question. As you may or probably know,
19 there are studies of recidivism, studies of recidivism directly
20 related to sex offenders.
21 I'll share with you what I've looked at because I
22 don't want you to think I'm researching on my own anything that
23 you are not aware of. These are, I think, government-supported
24 studies that measure recidivism beyond 10 or 14 or 15 years and
25 that purport, if I read these studies, to show that the nature
2 it evaporates, etc.
3 The argument though is that 14 years ought to be
4 enough of a period of time. Right?
5 MR. WEINBERG: I think the premise is that when the
6 man was not under conditions of release, if your Honor was to
7 exercise your power to release him, he didn't re-engage in this
8 activity that constitutes the heart of both the Florida and the
9 current New York prosecutions.
10 And at a certain point, when you're dealing with the
11 government's burden to prove by clear and convincing evidence
12 going forward in the future, the idea that he would abandon his
13 14 years of self-discipline when he's under conditions of bail
14 that can result in his rearrest and re-detention -- I don't
15 think the government can carry that weight or carry that
16 burden.
17 THE COURT: So I'm very interested in this question.
18 It's a very interesting question. As you may or probably know,
19 there are studies of recidivism, studies of recidivism directly
20 related to sex offenders.
21 I'll share with you what I've looked at because I
22 don't want you to think I'm researching on my own anything that
23 you are not aware of. These are, I think, government-supported
24 studies that measure recidivism beyond 10 or 14 or 15 years and
25 that purport, if I read these studies, to show that the nature
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00000543
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