DOJ-OGR-00001958.json 4.3 KB

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  1. {
  2. "document_metadata": {
  3. "page_number": "81",
  4. "document_number": "93",
  5. "date": "12/10/20",
  6. "document_type": "court document",
  7. "has_handwriting": false,
  8. "has_stamps": false
  9. },
  10. "full_text": "Case 1:20-cr-00330-AJN Document 93 Filed 12/10/20 Page 81 of 91\n81\n1 even in a presumption case, the government retains the ultimate\n2 burden of persuasion by clear and convincing evidence that the\n3 defendant presents a danger to the community, if that were an\n4 issue, and a showing by the lesser standard of a preponderance\n5 of the evidence that the defendant presents a risk of flight.\n6 The statute further mandates that the court take into\n7 account four factors in making its determination: the nature\n8 and circumstances of the offense charged, the weight of the\n9 evidence against the person, the history and characteristics of\n10 the person, and the nature and circumstances of the danger to\n11 any person or the community that would be posed by the person's\n12 release. That is 18 U.S.C. 3142(g).\n13 Now that the court has laid out the federal statutory\n14 requirements that guide its bail determination, it turns to the\n15 government's specific application in this case for detention\n16 pending trial.\n17 The government does not argue, as has been repeatedly\n18 made clear today, for detention based on danger to the\n19 community. Instead, it rests its argument for detention on\n20 Ms. Maxwell's alleged risk of flight. As noted in a\n21 flight-risk case, the government bears the burden of proving by\n22 a preponderance of the evidence both that the defendant\n23 presents an actual risk of flight and that no condition or\n24 combination of conditions could be imposed on the defendant\n25 that would reasonably assure her presence in court. And I'm\n SOUTHERN DISTRICT REPORTERS, P.C.\n (212) 805-0300\n DOJ-OGR-00001958",
  11. "text_blocks": [
  12. {
  13. "type": "printed",
  14. "content": "Case 1:20-cr-00330-AJN Document 93 Filed 12/10/20 Page 81 of 91",
  15. "position": "header"
  16. },
  17. {
  18. "type": "printed",
  19. "content": "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",
  20. "position": "main content"
  21. },
  22. {
  23. "type": "printed",
  24. "content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00001958",
  25. "position": "footer"
  26. }
  27. ],
  28. "entities": {
  29. "people": [
  30. "Maxwell"
  31. ],
  32. "organizations": [
  33. "SOUTHERN DISTRICT REPORTERS, P.C."
  34. ],
  35. "locations": [],
  36. "dates": [
  37. "12/10/20"
  38. ],
  39. "reference_numbers": [
  40. "1:20-cr-00330-AJN",
  41. "Document 93",
  42. "18 U.S.C. 3142(g)",
  43. "DOJ-OGR-00001958"
  44. ]
  45. },
  46. "additional_notes": "The document appears to be a court transcript or legal document related to the case of Ms. Maxwell. The text is printed and there are no visible handwritten notes or stamps. The document includes a reference number and a court reporter's information at the bottom."
  47. }