DOJ-OGR-00019848.jpg
623 KB
Extraction Summary
6
People
3
Organizations
0
Locations
2
Events
0
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
623 KB
Summary
This document is a legal argument from a court filing, likely a brief, arguing that the pretrial detention conditions of a defendant, Ms. Maxwell, are untenable and amount to unconstitutional punishment. The author cites several legal precedents (Stephens, Weigand, Jackson, Melendez-Carrions) to support the claim that her inability to properly review discovery and the prolonged nature of her detention violate due process, especially given the government is seeking a life sentence.
People (6)
| Name | Role | Context |
|---|---|---|
| Stephens | Party in a cited legal case |
Cited in 'Stephens, 447 F. Supp. 3d at 67' regarding the importance of legal visits and ordering bail during a pandemic.
|
| Weigand | Party in a cited legal case |
Cited in 'Weigand, 2020 WL 5887602, at *2' regarding ordering bail for a defendant needing to review discovery.
|
| Jackson | Defendant in a cited legal case |
Cited in 'United States v. Jackson, 823 F.2d 4, 7 (2d Cir. 1987)' in relation to due process concerns over a seven-mo...
|
| Melendez-Carrions | Defendant in a cited legal case |
Cited in 'United States v. Melendez-Carrions, 790 F.2d 984, 1008 (2d Cir. 1986)' regarding the permissible length of ...
|
| Feinberg, J. | Judge |
Mentioned as concurring in the 'United States v. Melendez-Carrions' case.
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| Ms. Maxwell | Defendant |
Mentioned as the subject of the legal argument, who is allegedly being punished by her current pretrial detention con...
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| government | government agency |
Mentioned as the entity that will be asking for a life sentence for the defendant.
|
| This Court | judiciary |
Refers to the court hearing the current case, which has previously recognized that pretrial detention can become unco...
|
| United States | government |
Mentioned as the plaintiff in the cited cases 'United States v. Jackson' and 'United States v. Melendez-Carrions'.
|
Timeline (2 events)
Pretrial detention of Ms. Maxwell, which the document argues has become unconstitutional punishment.
A future trial where the government will seek a life sentence for Ms. Maxwell.
Key Quotes (2)
"grave due process concerns"Source
— United States v. Jackson, 823 F.2d 4, 7 (2d Cir. 1987)
(Quoted from a legal case to describe the implications of a seven-month period of pretrial detention.)
DOJ-OGR-00019848.jpg
Quote #1
"[G]eneral requirements of due process compel us to draw the line [of permissible pretrial detention] well short of [] eight months."Source
— Feinberg, J.
(Quoted from a concurring opinion in 'United States v. Melendez-Carrions' to argue against prolonged pretrial detention.)
DOJ-OGR-00019848.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,305 characters)
Case 21-58, Document 39-1, 04/01/2021, 3068530, Page20 of 31
the files around into a different order. She is stuck looking at one page
at a time over a screen three feet away without a lawyer in the same
room. These are textbook untenable conditions. Stephens, 447 F. Supp.
3d at 67 (explaining the importance of legal visits and ordering bail
during pandemic); Weigand, 2020 WL 5887602, at *2 (ordering bail
during pandemic because defendant needed ability to review the
discovery in complex, document-heavy case). This is no way to prepare
for a trial where the government will be asking for a sentence that will
imprison her for the rest of her life. Ex.A
at a time over a screen three feet away without a lawyer in the same
room. These are textbook untenable conditions. Stephens, 447 F. Supp.
3d at 67 (explaining the importance of legal visits and ordering bail
during pandemic); Weigand, 2020 WL 5887602, at *2 (ordering bail
during pandemic because defendant needed ability to review the
discovery in complex, document-heavy case). This is no way to prepare
for a trial where the government will be asking for a sentence that will
imprison her for the rest of her life. Ex.A
This Court has recognized that, after a relatively short time,
pretrial detention turns into prohibited, unconstitutional punishment.
United States v. Jackson, 823 F.2d 4, 7 (2d Cir. 1987) (“grave due
process concerns” are implicated by a seven-month period of pretrial
detention); United States v. Melendez-Carrions, 790 F.2d 984, 1008 (2d
Cir. 1986) (Feinberg, J. concurring) (“[G]eneral requirements of due
process compel us to draw the line [of permissible pretrial detention]
well short of [] eight months.”). Under the current conditions, it can
hardly be disputed that Ms. Maxwell is being punished, which in itself
pretrial detention turns into prohibited, unconstitutional punishment.
United States v. Jackson, 823 F.2d 4, 7 (2d Cir. 1987) (“grave due
process concerns” are implicated by a seven-month period of pretrial
detention); United States v. Melendez-Carrions, 790 F.2d 984, 1008 (2d
Cir. 1986) (Feinberg, J. concurring) (“[G]eneral requirements of due
process compel us to draw the line [of permissible pretrial detention]
well short of [] eight months.”). Under the current conditions, it can
hardly be disputed that Ms. Maxwell is being punished, which in itself
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DOJ-OGR-00019848
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