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DOJ-OGR-00000543.jpg

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Case 1:19-cr-00490-RMB Document 36 Filed 07/24/19 Page 33 of 74 dios 1 don't find any case where that says 14 years, and it's over or 2 it evaporates, etc. 3 The argument though is that 14 years ought to be 4 enough of a period of time. Right? 5 MR. WEINBERG: [ think the premise is that when the 6 man was not under conditions of release, if your Honor was to 7 exercise your power to release him, he didn't re-engage in this 8 activity that constitutes the heart of both the Florida and the 9 current New York prosecutions. 10 And at a certain point, when you're dealing with the 11 government's burden to prove by clear and convincing evidence 12 going forward in the future, the idea that he would abandon his 13 14 years of self-discipline when he's under conditions of bail 14 that can result in his rearrest and re-detention -- I don't 15 think the government can carry that weight or carry that 16 burden. 17 THE COURT: So I'm very interested in this question. 18 It's a very interesting question. As you may or probably know, 19 there are studies of recidivism, studies of recidivism directly 20 related to sex offenders. 21 I'll share with you what I've looked at because 22 don't want you to think I'm researching on my own anything that 23 you are not aware of. These are, I think, government-supported 24 studies that measure recidivism beyond 10 or 14 or 15 years and 25 that purport, if read these studies, to show that the nature S OUTHERN DISTR (212) CT RE 805-0300 PORTERS, P.C. DOJ-OGR-00000543

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Filename DOJ-OGR-00000543.jpg
File Size 582.5 KB
OCR Confidence 94.4%
Has Readable Text Yes
Text Length 1,527 characters
Indexed 2026-02-03 16:02:37.275105