Bail.U.S. District Court BAIL REFORM ACT U.S. v. Silva, 133 F.Supp.2d 104 (D.Mass. 2001). A defendant was ordered detained pending trial after the district court held that he presented a risk of flight. The court noted that there was no evidence that the defendant's family would "in any way alter his propensity for involvement with criminal acts" or assure his appearance at future proceedings. The court also found that as an issue of apparent first impression first impression adj. referring to a legal issue which has never been decided by an appeals court and, therefore, there is no precedent for the court to follow. To reach a decision the court must use analogies from prior rulings by appeals courts, refer to commentaries and articles by legal scholars, and its own logic. In such cases the trial judge usually asks for legal briefs by attorneys for both sides to assist him/her., the defendant's juvenile adjudications would not support a criminal recidivism 1. A tendency to lapse into a previous pattern of behavior, especially a pattern of criminal habits. 2. The relapse of a disease or symptom. Also called recidivation. |
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