Bradley M. Cox v. United States
1. When the rebuttable presumption of detention exists how much or what quality of evidence is sufficient to rebut it?
2. Is the presumption of innocence being honored in determining detention?
a. What balance can be struck between the circumstances and weight of the evidence for the pending changes and the presumption of innocence?
b. How should different factors and reasons for detention be influenced by the presumption of innocence?
3. Are the 18 USCS 3142(g) factors being considered correctly?
a. How are the factors to be weighed: for against detention or in relation to risks of nonappearance and dangerousness?
4. Are release conditions being correctly considered in order to mitigate the risks of flight and dangerousness?
a. When presented with specific conditions should the court be required to explain how those conditions fail to reasonably assure the person's appearance and community safety?
b. Can the court assume a person will violate release conditions when there is no history of violating conditions while on pretrial release previously?
Whether the lower courts used the provisions of the Bail Reform Act in a manner contrary to the constitutional right to bail?