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Extraction Summary
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Locations
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Document Information
Type:
Legal document
File Size:
643 KB
Summary
This legal document, filed on December 10, 2020, is a transcript from a court proceeding regarding a bail determination. The government argues for the detention of the defendant, Ms. Maxwell, not on the basis of her being a danger to the community, but solely on her being an alleged flight risk. The text specifies that the government has the burden of proving this flight risk by a preponderance of the evidence.
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 in the footer of the document, likely the court reporting agency that transcribed the proceedings.
|
Timeline (1 events)
2020-12-10
A court proceeding where the government argues for the detention of Ms. Maxwell pending trial, based on her being a flight risk.
Court
government
Ms. Maxwell
Relationships (1)
The document outlines the government's legal argument to detain Ms. Maxwell, who is identified as the defendant in the case.
Full Extracted Text
Complete text extracted from the document (1,639 characters)
Case 1:20-cr-00330-AJN Document 93 Filed 12/10/20 Page 81 of 91
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1 even in a presumption case, the government retains the ultimate
2 burden of persuasion by clear and convincing evidence that the
3 defendant presents a danger to the community, if that were an
4 issue, and a showing by the lesser standard of a preponderance
5 of the evidence that the defendant presents a risk of flight.
6 The statute further mandates that the court take into
7 account four factors in making its determination: the nature
8 and circumstances of the offense charged, the weight of the
9 evidence against the person, the history and characteristics of
10 the person, and the nature and circumstances of the danger to
11 any person or the community that would be posed by the person's
12 release. That is 18 U.S.C. 3142(g).
13 Now that the court has laid out the federal statutory
14 requirements that guide its bail determination, it turns to the
15 government's specific application in this case for detention
16 pending trial.
17 The government does not argue, as has been repeatedly
18 made clear today, for detention based on danger to the
19 community. Instead, it rests its argument for detention on
20 Ms. Maxwell's alleged risk of flight. As noted in a
21 flight-risk case, the government bears the burden of proving by
22 a preponderance of the evidence both that the defendant
23 presents an actual risk of flight and that no condition or
24 combination of conditions could be imposed on the defendant
25 that would reasonably assure her presence in court. And I'm
2 burden of persuasion by clear and convincing evidence that the
3 defendant presents a danger to the community, if that were an
4 issue, and a showing by the lesser standard of a preponderance
5 of the evidence that the defendant presents a risk of flight.
6 The statute further mandates that the court take into
7 account four factors in making its determination: the nature
8 and circumstances of the offense charged, the weight of the
9 evidence against the person, the history and characteristics of
10 the person, and the nature and circumstances of the danger to
11 any person or the community that would be posed by the person's
12 release. That is 18 U.S.C. 3142(g).
13 Now that the court has laid out the federal statutory
14 requirements that guide its bail determination, it turns to the
15 government's specific application in this case for detention
16 pending trial.
17 The government does not argue, as has been repeatedly
18 made clear today, for detention based on danger to the
19 community. Instead, it rests its argument for detention on
20 Ms. Maxwell's alleged risk of flight. As noted in a
21 flight-risk case, the government bears the burden of proving by
22 a preponderance of the evidence both that the defendant
23 presents an actual risk of flight and that no condition or
24 combination of conditions could be imposed on the defendant
25 that would reasonably assure her presence in court. And I'm
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00001958
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