DOJ-OGR-00001084.jpg
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Extraction Summary
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People
4
Organizations
0
Locations
1
Events
0
Relationships
0
Quotes
Document Information
Type:
Legal document
File Size:
638 KB
Summary
This legal document, dated April 1, 2021, is a transcript or filing that outlines the legal framework for a court to order a defendant's detention under U.S. Code Section 3142. It specifies that detention is ordered if no conditions can assure the defendant's appearance and community safety, detailing the standards of evidence for dangerousness and flight risk, and explaining the defendant's burden of production to rebut a presumption of detention as clarified by the Second Circuit.
People (1)
| Name | Role | Context |
|---|---|---|
| defendant | Defendant |
The subject of a bail determination, whose dangerousness and flight risk are being assessed by the court.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| United States | Government agency |
Referenced via the "United States Code, Section 3142" which governs detention orders.
|
| The Second Circuit | Government agency |
A court that has explained the burden of production in presumption cases for detention.
|
| district court | Government agency |
The court responsible for weighing factors, including the presumption of detention, in a bail determination.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Listed in the footer of the document, likely the court reporting service that transcribed the proceedings.
|
Timeline (1 events)
The document describes the legal standards and procedures for a court making a bail determination, including the conditions for ordering detention, assessing a defendant's dangerousness and flight risk, and the burden of proof in cases where there is a presumption of detention.
court
the court
the defendant
Full Extracted Text
Complete text extracted from the document (1,694 characters)
Case 21-770, Document 20-2, 04/01/2021, 3068530, Page143 of 200 80
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1 the United States Code, Section 3142, the court may order
2 detention only if it finds that no conditions or combination of
3 conditions will reasonably assure the appearance of the person
4 as required and the safety of any other person in the
5 community.
6 In making a bail determination the court must consider
7 the defendant's dangerousness, if that's raised, and the
8 defendant's risk of flight. A finding of dangerousness, if
9 that were an issue, must be supported by clear and convincing
10 evidence. A finding that a defendant is a flight risk must be
11 supported by a preponderance of the evidence.
12 In a case such as this one, where the defendant is
13 accused of certain offenses involving a minor victim, federal
14 law requires that it shall be presumed that no condition or
15 combination of conditions will reasonably assure the appearance
16 of the person as required. That's citing 18 U.S.C. 3142(a)(3).
17 The Second Circuit has explained that, in a
18 presumption case such as this, a defendant bears a limited
19 burden of production, not a burden of persuasion, to rebut the
20 presumption by coming forward with evidence that she does not
21 pose a danger to the community or a risk of flight.
22 Furthermore, once a defendant has met her burden of production
23 relating to these two factors, the presumption favoring
24 detention does not disappear entirely, but remains a factor to
25 be considered among those weighed by the district court. But
2 detention only if it finds that no conditions or combination of
3 conditions will reasonably assure the appearance of the person
4 as required and the safety of any other person in the
5 community.
6 In making a bail determination the court must consider
7 the defendant's dangerousness, if that's raised, and the
8 defendant's risk of flight. A finding of dangerousness, if
9 that were an issue, must be supported by clear and convincing
10 evidence. A finding that a defendant is a flight risk must be
11 supported by a preponderance of the evidence.
12 In a case such as this one, where the defendant is
13 accused of certain offenses involving a minor victim, federal
14 law requires that it shall be presumed that no condition or
15 combination of conditions will reasonably assure the appearance
16 of the person as required. That's citing 18 U.S.C. 3142(a)(3).
17 The Second Circuit has explained that, in a
18 presumption case such as this, a defendant bears a limited
19 burden of production, not a burden of persuasion, to rebut the
20 presumption by coming forward with evidence that she does not
21 pose a danger to the community or a risk of flight.
22 Furthermore, once a defendant has met her burden of production
23 relating to these two factors, the presumption favoring
24 detention does not disappear entirely, but remains a factor to
25 be considered among those weighed by the district court. But
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00001084
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