{ "document_metadata": { "page_number": "144", "document_number": "20-2", "date": "04/01/2021", "document_type": "court document", "has_handwriting": false, "has_stamps": false }, "full_text": "Case 21-770, Document 20-2, 04/01/2021, 3068530, Page144 of 200\n81\neven 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.\nThe 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).\nNow 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.\nThe 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\nSOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300\nDOJ-OGR-00001085", "text_blocks": [ { "type": "printed", "content": "Case 21-770, Document 20-2, 04/01/2021, 3068530, Page144 of 200", "position": "header" }, { "type": "printed", "content": "81\neven 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.\nThe 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).\nNow 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.\nThe 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", "position": "main content" }, { "type": "printed", "content": "SOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300", "position": "footer" }, { "type": "printed", "content": "DOJ-OGR-00001085", "position": "footer" } ], "entities": { "people": [ "Maxwell" ], "organizations": [ "SOUTHERN DISTRICT REPORTERS, P.C." ], "locations": [], "dates": [ "04/01/2021" ], "reference_numbers": [ "Case 21-770", "Document 20-2", "3068530", "DOJ-OGR-00001085" ] }, "additional_notes": "The document appears to be a court transcript or legal document related to the case of Ms. Maxwell. The text is well-formatted and printed, with no visible handwriting or stamps. The footer contains the name and contact information of the reporting agency and a reference number." }