What factors will a court consider in its analysis of the evidence against a defendant in a sexual assault case?

MultiRegion, United States of America

The following excerpt is from United States v. Phillips, No. 2:19-CR-0081 KJM (E.D. Cal. 2020):

the appearance of the person. The court must take into account available information concerning the nature and circumstances of the offense charged, the weight of the evidence against the person, the history and characteristics of the person, including her character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug and alcohol abuse, criminal history, 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) (1984). The weight of the evidence has the least force in the court's analysis, in recognition of the presumption of innocence that attaches to defendant at the pretrial stage of a criminal proceeding. Bell v. Wolfish, 441 U.S. 520, 533 (1979); 18 U.S.C. 3142(j) ("Nothing in this section shall be construed as modifying or limiting the presumption of innocence.").

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