DOJ-OGR-00002235(1).jpg
712 KB
Extraction Summary
3
People
3
Organizations
1
Locations
2
Events
2
Relationships
7
Quotes
Document Information
Type:
Legal document
File Size:
712 KB
Summary
This legal document, page 3 of a court filing from December 30, 2020, outlines the legal standard for pretrial detention. It discusses a defendant's right to bail under the Eighth Amendment and the Bail Reform Act, detailing the conditions under which a court can deny bail. The text explains the rebuttable presumption against release for certain offenses and clarifies the respective burdens of proof for the defendant and the government in such hearings, citing several precedent cases.
People (3)
| Name | Role | Context |
|---|---|---|
| English |
Mentioned in the case citation 'United States v. English, 629 F.3d 311, 319 (2d Cir. 2011)'.
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| Mercedes |
Mentioned in the case citation 'United States v. Mercedes, 254 F.3d 433, 436 (2d Cir. 2001)'.
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| Rodriguez |
Mentioned in the case citation 'United States v. Rodriguez, 950 F.2d 85, 88 (2d Cir. 1991)'.
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| Court | government agency |
Referenced throughout the document as the judicial body making determinations on detention and bail.
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| United States | government |
Mentioned in the context of the 'United States Constitution' and as a party in several case citations (e.g., 'United ...
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| DOJ-OGR | government agency |
Appears in the footer as part of a document identifier 'DOJ-OGR-00002235'.
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Locations (1)
| Location | Context |
|---|---|
|
The facility where the defendant has been incarcerated.
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Relationships (2)
The document describes the Court's legal authority over the Defendant regarding detention and bail.
Defendant
→
adversarial
→
government
The document outlines the legal standards in a criminal case, where the government has the 'ultimate burden of persuasion' against the defendant.
Key Quotes (7)
"[e]xcessive bail"Source
— Eighth Amendment to the United States Constitution
(Quoted as what is prohibited by the Eighth Amendment.)
DOJ-OGR-00002235(1).jpg
Quote #1
"subject to the least restrictive further condition, or combination of conditions, that [it] determines will reasonably assure the appearance of the person as required and the safety of any other person and the community."Source
— Bail Reform Act, 18 U.S.C. § 3142(c)(1)(B)
(Describes the requirement for the Court to release a defendant under certain conditions.)
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Quote #2
"no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community"Source
— 18 U.S.C. § 3142(g)
(The conclusion the Court must reach to order a defendant be held without bail.)
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Quote #3
"that no condition or combination of conditions will reasonably assure"Source
— 18 U.S.C. § 3142(e)(3)
(Part of the rebuttable presumption that arises if there is probable cause for certain offenses.)
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Quote #4
"the defendant ‘bears a limited burden of production . . . to rebut that presumption by coming forward with evidence that he does not pose a danger to the community or a risk of flight.’"Source
— United States v. Mercedes, quoted in United States v. English
(Describes the defendant's burden to rebut the presumption against bail.)
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Quote #5
"[A] defendant must introduce some evidence contrary to the presumed fact in order to rebut the presumption."Source
— United States v. Rodriguez
(Explaining what is required for a defendant to rebut the presumption against release.)
DOJ-OGR-00002235(1).jpg
Quote #6
"the government retains the ultimate burden of persuasion by clear and convincing evidence that the"Source
— unspecified legal source
(Describes the government's burden of proof regarding detention, though the quote is incomplete.)
DOJ-OGR-00002235(1).jpg
Quote #7
Full Extracted Text
Complete text extracted from the document (2,090 characters)
Case 1:20-cr-00330-AJN Document 106 Filed 12/30/20 Page 3 of 22
Defendant did not appeal the Court’s determination that detention was required, and she has been incarcerated at the Metropolitan Detention Center since that time.
II. Legal Standard
Pretrial detainees have a right to bail under the Eighth Amendment to the United States Constitution, which prohibits the imposition of “[e]xcessive bail,” and under the Bail Reform Act, 18 U.S.C. § 3141, et seq. The Bail Reform Act requires the Court to release a defendant “subject to the least restrictive further condition, or combination of conditions, that [it] determines will reasonably assure the appearance of the person as required and the safety of any other person and the community.” 18 U.S.C. § 3142(c)(1)(B). Only if, after considering the factors set forth in 18 U.S.C. § 3142(g), the Court concludes that “no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community,” may the Court order that the defendant be held without bail. 18 U.S.C. § 3142(e)(1).
If there is probable cause to find that the defendant committed an offense specifically enumerated in § 3142(e)(3), a rebuttable presumption arises “that no condition or combination of conditions will reasonably assure” the defendant’s appearance or the safety of the community or others. 18 U.S.C. § 3142(e)(3). In such circumstances, “the defendant ‘bears a limited burden of production . . . to rebut that presumption by coming forward with evidence that he does not pose a danger to the community or a risk of flight.’” United States v. English, 629 F.3d 311, 319 (2d Cir. 2011) (quoting United States v. Mercedes, 254 F.3d 433, 436 (2d Cir. 2001)); see also United States v. Rodriguez, 950 F.2d 85, 88 (2d Cir. 1991) (“[A] defendant must introduce some evidence contrary to the presumed fact in order to rebut the presumption.”). Nonetheless, “‘the government retains the ultimate burden of persuasion by clear and convincing evidence that the
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DOJ-OGR-00002235
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