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Extraction Summary
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Locations
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Document Information
Type:
Legal document
File Size:
685 KB
Summary
This document is a page from a legal filing (Case 1:20-cr-00330-AJN) arguing for the pre-trial detention of a defendant. The prosecution (Government) asserts that the defendant is an extreme flight risk and cannot overcome the statutory presumption for detention, citing the nature of the alleged crimes involving the sexual exploitation of minors. The document references specific U.S. statutes and case law to support its argument that detention is warranted.
People (1)
| Name | Role | Context |
|---|---|---|
| LaFontaine | Subject of a cited legal case |
Mentioned in the case citation 'United States v. LaFontaine, 210 F.3d 125, 130-31 (2d Cir. 2000)'.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Government | Government agency |
The prosecuting party in the legal case, entitled to present evidence at detention hearings.
|
| 2d Cir. | Court |
The Second Circuit Court of Appeals, mentioned in the citation for United States v. LaFontaine.
|
Timeline (1 events)
A legal proceeding to determine if a defendant should be detained before trial. The document discusses the rules, standards, and arguments for such a hearing.
Relationships (1)
The Government is arguing for the pre-trial detention of the defendant in a criminal case.
Key Quotes (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, such judicial officer shall order the detention of the person before trial."Source
— 18 U.S.C. § 3142(e)(1)
(The legal standard for a judicial officer to order pre-trial detention.)
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Quote #1
"whether the offense. . . involves a minor victim"Source
— 18 U.S.C. § 3142(g)(1)
(A factor specifically enumerated for consideration in bail applications.)
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Full Extracted Text
Complete text extracted from the document (2,000 characters)
Case 1:20-cr-00330-AJN Document 4 Filed 07/02/20 Page 5 of 10
18 U.S.C. § 3142(g). Evidentiary rules do not apply at detention hearings, and the Government is
entitled to present evidence by way of proffer, among other means. See 18 U.S.C. § 3142(f)(2);
see also United States v. LaFontaine, 210 F.3d 125, 130-31 (2d Cir. 2000) (Government entitled
to proceed by proffer in detention hearings).
entitled to present evidence by way of proffer, among other means. See 18 U.S.C. § 3142(f)(2);
see also United States v. LaFontaine, 210 F.3d 125, 130-31 (2d Cir. 2000) (Government entitled
to proceed by proffer in detention hearings).
Where a judicial officer concludes after a hearing 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, such judicial officer shall order the detention of the person before
trial.” 18 U.S.C. § 3142(e)(1). Additionally, where, as here, a defendant is charged with
committing an offense involving a minor victim under 18 U.S.C. §§ 2422 or 2423, it shall be
presumed, subject to rebuttal, that no condition or combination of conditions will reasonably assure
the appearance of the defendant as required and the safety of the community. 18 U.S.C.
§ 3142(e)(3)(E).
conditions will reasonably assure the appearance of the person as required and the safety of any
other person and the community, such judicial officer shall order the detention of the person before
trial.” 18 U.S.C. § 3142(e)(1). Additionally, where, as here, a defendant is charged with
committing an offense involving a minor victim under 18 U.S.C. §§ 2422 or 2423, it shall be
presumed, subject to rebuttal, that no condition or combination of conditions will reasonably assure
the appearance of the defendant as required and the safety of the community. 18 U.S.C.
§ 3142(e)(3)(E).
II. Discussion
For the reasons set forth below, the defendant presents an extreme risk of flight, and
therefore she cannot overcome the statutory presumption in favor of detention in this case. Every
one of the relevant factors to be considered as to flight risk – the nature and circumstances of the
offense, the strength of the evidence, and the history and characteristics of the defendant – counsel
strongly in favor of detention.
therefore she cannot overcome the statutory presumption in favor of detention in this case. Every
one of the relevant factors to be considered as to flight risk – the nature and circumstances of the
offense, the strength of the evidence, and the history and characteristics of the defendant – counsel
strongly in favor of detention.
A. The Nature and Circumstances of the Offense and the Strength of the Evidence
The “nature and circumstances” of this offense favor detention. As the Indictment alleges,
the defendant committed serious crimes involving the sexual exploitation of minors. See 18 U.S.C.
§ 3142(g)(1) (specifically enumerating “whether the offense. . . involves a minor victim” as a
factor in bail applications). Indeed, the crimes of enticing and transporting minors for illegal sex
the defendant committed serious crimes involving the sexual exploitation of minors. See 18 U.S.C.
§ 3142(g)(1) (specifically enumerating “whether the offense. . . involves a minor victim” as a
factor in bail applications). Indeed, the crimes of enticing and transporting minors for illegal sex
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