Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Department of Justice
February 5, 2009
1
Accordingly, the government is not required to
demonstrate, as the defendant suggests, that the defendant poses
a risk of flight or danger to the community. Such burden is
shouldered by the government only if it were to maintain that
there was no condition nor combination of conditions that would
reasonably assure the appearance of the defendant as required and
protect the safety of the community. 18 U.S.C. § 3142(e) (“If,
after a hearing pursuant to the provisions of subsection (f) of
this section, the judicial officer finds that no condition or
combination of conditions will reasonable 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(f) (“The facts the
judicial officer uses to support a finding pursuant to subsection
(e) that no condition or combination of conditions will
reasonably assure the safety of any other person and the
community shall be supported by clear and convincing
evidence.”)(emphasis added)).
4
Respectfully submitted,
BENTON J. CAMPBELL
United States Attorney
By: /s/
Steven L. D’Alessandro
Morris J. Fodeman
Assistant U.S. Attorneys