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Carrie Leonetti

Constitutional Law

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When The Emperor Has No Clothes Ii: A Proposal For A More Serious Look At “The Weight Of The Evidence”, Carrie Leonetti Sep 2011

When The Emperor Has No Clothes Ii: A Proposal For A More Serious Look At “The Weight Of The Evidence”, Carrie Leonetti

Carrie Leonetti

While the Bail Reform Act and state statutes modeled after it command courts to consider the weight of the evidence in making pretrial release/detention decisions, as a practical matter, courts do not do so – at least not when the weight-of-the-evidence factor cuts in favor of release – and they should. In particular, courts should accord substantially more weight to the “weight of the evidence” factor in making or reviewing pretrial-detention determinations when one or more jury has already refused unanimously to convict the defendant of the crime(s) charged. Unless the prosecution has obtained significant, material new evidence between the …


When The Emperor Has No Clothes Ii: A Proposal For A More Serious Look At “The Weight Of The Evidence”, Carrie Leonetti Sep 2011

When The Emperor Has No Clothes Ii: A Proposal For A More Serious Look At “The Weight Of The Evidence”, Carrie Leonetti

Carrie Leonetti

While the Bail Reform Act and state statutes modeled after it command courts to consider the weight of the evidence in making pretrial release/detention decisions, as a practical matter, courts do not do so – at least not when the weight-of-the-evidence factor cuts in favor of release – and they should. In particular, courts should accord substantially more weight to the “weight of the evidence” factor in making or reviewing pretrial-detention determinations when one or more jury has already refused unanimously to convict the defendant of the crime(s) charged. Unless the prosecution has obtained significant, material new evidence between the …


When The Emperor Has No Clothes Ii: A Proposal For A More Serious Look At “The Weight Of The Evidence”, Carrie Leonetti Sep 2011

When The Emperor Has No Clothes Ii: A Proposal For A More Serious Look At “The Weight Of The Evidence”, Carrie Leonetti

Carrie Leonetti

While the Bail Reform Act and state statutes modeled after it command courts to consider the weight of the evidence in making pretrial release/detention decisions, as a practical matter, courts do not do so – at least not when the weight-of-the-evidence factor cuts in favor of release – and they should. In particular, courts should accord substantially more weight to the “weight of the evidence” factor in making or reviewing pretrial-detention determinations when one or more jury has already refused unanimously to convict the defendant of the crime(s) charged. Unless the prosecution has obtained significant, material new evidence between the …


When The Emperor Has No Clothes Ii: A Proposal For A More Serious Look At “The Weight Of The Evidence”, Carrie Leonetti Sep 2011

When The Emperor Has No Clothes Ii: A Proposal For A More Serious Look At “The Weight Of The Evidence”, Carrie Leonetti

Carrie Leonetti

While the Bail Reform Act and state statutes modeled after it command courts to consider the weight of the evidence in making pretrial release/detention decisions, as a practical matter, courts do not do so – at least not when the weight-of-the-evidence factor cuts in favor of release – and they should. In particular, courts should accord substantially more weight to the “weight of the evidence” factor in making or reviewing pretrial-detention determinations when one or more jury has already refused unanimously to convict the defendant of the crime(s) charged. Unless the prosecution has obtained significant, material new evidence between the …