DOJ-OGR-00019856.jpg
617 KB
Extraction Summary
4
People
4
Organizations
0
Locations
2
Events
0
Relationships
4
Quotes
Document Information
Type:
Legal document
File Size:
617 KB
Summary
This page from a legal document argues against pretrial detention by citing several court precedents. It asserts that constitutional protections and the Bail Reform Act require that any doubts about releasing a defendant be resolved in their favor. The text emphasizes that even if a defendant is deemed a flight risk, the law still favors release under the least restrictive conditions possible.
People (4)
| Name | Role | Context |
|---|---|---|
| Kennedy, J. | Judge/Justice |
Cited as the author of the opinion in United States v. Motamedi.
|
| Motamedi | Party in a legal case |
Named in the case citation 'United States v. Motamedi'.
|
| Berrios-Berrios | Party in a legal case |
Named in the case citation 'United States v. Berrios-Berrios'.
|
| Sabhnani | Party in a legal case |
Named in the case citation 'Sabhnani, 493 F.3d at 75'.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| United States | Government |
Named as a party in the cases 'United States v. Motamedi' and 'United States v. Berrios-Berrios'.
|
| U.S. Court of Appeals for the Ninth Circuit | Government agency |
Referenced as '9th Cir.' in the citation for United States v. Motamedi.
|
| U.S. Court of Appeals for the Second Circuit | Government agency |
Referenced as '2d Cir.' in the citation for United States v. Berrios-Berrios.
|
| Department of Justice (DOJ) | Government agency |
Indicated by the Bates number prefix 'DOJ-OGR' in the footer.
|
Timeline (2 events)
1985
The court case United States v. Motamedi, which established principles regarding pretrial detention and resolving doubts in favor of the defendant.
9th Cir.
1986
The court case United States v. Berrios-Berrios, which established that the presumption for bail applies even when a defendant is a flight risk.
2d Cir.
Key Quotes (4)
"prohibitions on the deprivation of liberty without due process and of excessive bail require careful review of pretrial detention orders to ensure that the statutory mandate [of the Bail Reform Act] has been respected."Source
— United States v. Motamedi
(A quote from a 1985 9th Circuit ruling written by Judge Kennedy regarding constitutional requirements for pretrial detention.)
DOJ-OGR-00019856.jpg
Quote #1
"doubts regarding the propriety of release should be resolved in favor of the defendant."Source
— United States v. Motamedi
(A legal principle cited from a court case, emphasizing that ambiguity should benefit the accused.)
DOJ-OGR-00019856.jpg
Quote #2
"the presumption in favor of bail still applies where the defendant is found to be a risk of flight"Source
— United States v. Berrios-Berrios
(A quote from a 1986 2nd Circuit ruling stating that being a flight risk does not automatically negate the presumption for bail.)
DOJ-OGR-00019856.jpg
Quote #3
"the law still favors pre-trial release subject to the least restrictive further condition, or combination of conditions, that the court determines will reasonably assure the appearance of the person as required."Source
— Sabhnani
(A quote from a court case explaining the legal preference for release under minimal conditions, even for a defendant considered a flight risk.)
DOJ-OGR-00019856.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,284 characters)
Case 21-58, Document 39-1, 04/01/2021, 3068530, Page28 of 31
J.). The Constitution’s “prohibitions on the deprivation of liberty
without due process and of excessive bail require careful review of
pretrial detention orders to ensure that the statutory mandate [of the
Bail Reform Act] has been respected.” United States v. Motamedi, 767
F.2d 1403, 1405 (9th Cir. 1985) (Kennedy, J.). Because the consequence
of error – the unjust deprivation of liberty from an individual who is
presumed innocent – is contrary to our Constitution, “doubts regarding
the propriety of release should be resolved in favor of the defendant.” Id.
without due process and of excessive bail require careful review of
pretrial detention orders to ensure that the statutory mandate [of the
Bail Reform Act] has been respected.” United States v. Motamedi, 767
F.2d 1403, 1405 (9th Cir. 1985) (Kennedy, J.). Because the consequence
of error – the unjust deprivation of liberty from an individual who is
presumed innocent – is contrary to our Constitution, “doubts regarding
the propriety of release should be resolved in favor of the defendant.” Id.
Even where the government is able to prove that an accused is an
actual flight risk, pretrial detention generally remains inappropriate.
United States v. Berrios-Berrios, 791 F.2d 246, 251 (2d Cir. 1986) (“the
presumption in favor of bail still applies where the defendant is found to
be a risk of flight”) (emphasis added). Where the only question is
whether the defendant is a risk of flight, “the law still favors pre-trial
release subject to the least restrictive further condition, or combination
of conditions, that the court determines will reasonably assure the
appearance of the person as required.” Sabhnani, 493 F.3d at 75.
actual flight risk, pretrial detention generally remains inappropriate.
United States v. Berrios-Berrios, 791 F.2d 246, 251 (2d Cir. 1986) (“the
presumption in favor of bail still applies where the defendant is found to
be a risk of flight”) (emphasis added). Where the only question is
whether the defendant is a risk of flight, “the law still favors pre-trial
release subject to the least restrictive further condition, or combination
of conditions, that the court determines will reasonably assure the
appearance of the person as required.” Sabhnani, 493 F.3d at 75.
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DOJ-OGR-00019856
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