What factors must a judicial officer consider in determining whether there are conditions of release that will reasonably assure the appearance of a person as required?

MultiRegion, United States of America

The following excerpt is from U.S. v. English, 629 F.3d 311 (2nd Cir. 2011):

The factors that the judicial officer must consider "in determining whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community," include "the nature and circumstances of the offense charged, including whether the offense is a crime of violence," or involves a firearm; "the weight of the evidence against the person"; "the history and characteristics of the person," including his "physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings"; and "the nature and seriousness of the danger to any person or the community that would be posed by the person's release." 18 U.S.C. 3142(g). The same factors are to be considered in determining "whether the presumptions of dangerousness and flight are rebutted." United States v. Mercedes, 254 F.3d at 436.

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