DOJ-OGR-00001085.jpg
643 KB
Extraction Summary
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People
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Organizations
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Locations
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Events
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Relationships
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Quotes
Document Information
Type:
Legal document
File Size:
643 KB
Summary
This document is a court transcript from a bail hearing dated April 1, 2021, in case 21-770. It outlines the legal standards for detention, citing 18 U.S.C. 3142(g), and clarifies that the government's argument for detaining the defendant, Ms. Maxwell, is based solely on her being a flight risk, not a danger to the community.
People (1)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
Mentioned as the defendant in a case where the government is arguing for her detention based on an alleged risk of fl...
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Listed at the bottom of the document, likely the court reporting service that transcribed the proceeding.
|
Timeline (1 events)
2021-04-01
A court proceeding discussing the legal standards for a bail determination for defendant Ms. Maxwell. The government is arguing for her detention based on flight risk, not danger to the community, as per 18 U.S.C. 3142(g).
Southern District Court
Ms. Maxwell
the government
Locations (1)
| Location | Context |
|---|---|
|
Implied by the name of the court reporting company, "SOUTHERN DISTRICT REPORTERS, P.C.", indicating the location of t...
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Relationships (1)
The document describes the government arguing for the detention of Ms. Maxwell, establishing their roles as prosecution and defendant in a legal case.
Full Extracted Text
Complete text extracted from the document (1,576 characters)
Case 21-770, Document 20-2, 04/01/2021, 3068530, Page144 of 200 81
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even in a presumption case, the government retains the ultimate
burden of persuasion by clear and convincing evidence that the
defendant presents a danger to the community, if that were an
issue, and a showing by the lesser standard of a preponderance
of the evidence that the defendant presents a risk of flight.
The statute further mandates that the court take into
account four factors in making its determination: the nature
and circumstances of the offense charged, the weight of the
evidence against the person, the history and characteristics of
the person, and the nature and circumstances of the danger to
any person or the community that would be posed by the person's
release. That is 18 U.S.C. 3142(g).
Now that the court has laid out the federal statutory
requirements that guide its bail determination, it turns to the
government's specific application in this case for detention
pending trial.
The government does not argue, as has been repeatedly
made clear today, for detention based on danger to the
community. Instead, it rests its argument for detention on
Ms. Maxwell's alleged risk of flight. As noted in a
flight-risk case, the government bears the burden of proving by
a preponderance of the evidence both that the defendant
presents an actual risk of flight and that no condition or
combination of conditions could be imposed on the defendant
that would reasonably assure her presence in court. And I'm
burden of persuasion by clear and convincing evidence that the
defendant presents a danger to the community, if that were an
issue, and a showing by the lesser standard of a preponderance
of the evidence that the defendant presents a risk of flight.
The statute further mandates that the court take into
account four factors in making its determination: the nature
and circumstances of the offense charged, the weight of the
evidence against the person, the history and characteristics of
the person, and the nature and circumstances of the danger to
any person or the community that would be posed by the person's
release. That is 18 U.S.C. 3142(g).
Now that the court has laid out the federal statutory
requirements that guide its bail determination, it turns to the
government's specific application in this case for detention
pending trial.
The government does not argue, as has been repeatedly
made clear today, for detention based on danger to the
community. Instead, it rests its argument for detention on
Ms. Maxwell's alleged risk of flight. As noted in a
flight-risk case, the government bears the burden of proving by
a preponderance of the evidence both that the defendant
presents an actual risk of flight and that no condition or
combination of conditions could be imposed on the defendant
that would reasonably assure her presence in court. And I'm
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00001085
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