HOUSE_OVERSIGHT_017624.jpg
2.57 MB
Extraction Summary
3
People
4
Organizations
0
Locations
0
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal analysis / law journal excerpt (evidence in oversight investigation)
File Size:
2.57 MB
Summary
This document is a page from a legal analysis (likely a law review article or legal brief authored or submitted by David Schoen) criticizing the Office of Legal Counsel's (OLC) interpretation of the Crime Victims' Rights Act (CVRA). The text argues that the OLC incorrectly limits the definition of 'prosecution' under the Sixth Amendment, thereby restricting when victims can assert their rights. The document was produced as evidence for the House Oversight Committee.
People (3)
| Name | Role | Context |
|---|---|---|
| David Schoen | Author / Attorney |
Name appears at the bottom of the page, suggesting authorship or submission of the document.
|
| Senator Kyl | Senator |
Mentioned in the text regarding the construction of the CVRA's venue provision.
|
| Wayne R. LaFave | Legal Scholar |
Cited in footnote 177 regarding Criminal Procedure.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Office of Legal Counsel (OLC) |
The document critiques the OLC's legal arguments regarding the definition of 'prosecution' and CVRA protections.
|
|
| House Oversight Committee |
Document bears the Bates stamp 'HOUSE_OVERSIGHT', indicating it was produced for a congressional investigation.
|
|
| Fourth Circuit Court of Appeals |
Mentioned in relation to the case United States v. Alvarado.
|
|
| Supreme Court |
Referenced regarding Sixth Amendment rulings.
|
Relationships (1)
Schoen (implied author) criticizes OLC's 'strained argument' and states OLC 'misleadingly describes' case law.
Key Quotes (3)
"CVRA protections - i.e., victims of misdemeanor offenses prosecuted by way of complaint - will never have proper venue to assert those rights because, according to OLC's strained argument, no prosecution ever started in their cases."Source
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Quote #1
"OLC misleadingly describes the Sixth Amendment case law."Source
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Quote #2
"The only sensible way to construe the CVRA's venue provision is to read it as conveniently dividing criminal cases into two phases: a prosecution phase and an earlier investigative phase when 'no prosecution is under way.'"Source
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Quote #3
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