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2.25 MB
Extraction Summary
3
People
4
Organizations
0
Locations
1
Events
1
Relationships
4
Quotes
Document Information
Type:
Legal memorandum / filing excerpt
File Size:
2.25 MB
Summary
This document is a page from a legal filing submitted by attorney David Schoen, appearing to be part of a House Oversight investigation. It contains an excerpt from a 2005 BYU Law Review article discussing the Crime Victims' Rights Act (CVRA) and Federal Rule of Criminal Procedure 32. The text argues that probation officers should be required to seek out victim information for presentence reports and quotes Senator Kyl to support the argument that victims have a broad right to be heard in person during sentencing.
People (3)
| Name | Role | Context |
|---|---|---|
| David Schoen | Attorney / Author |
Name appears at the bottom of the page, indicating he submitted or authored this filing.
|
| Senator Kyl | U.S. Senator |
Quoted extensively regarding the legislative intent of the CVRA and victim rights.
|
| Senator Feinstein | U.S. Senator |
Cited in footnote 232 regarding the Congressional Record statement.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| House Oversight Committee |
Indicated by the Bates stamp 'HOUSE_OVERSIGHT'.
|
|
| B.Y.U.L. Rev. |
Brigham Young University Law Review (cited as source of the text).
|
|
| Probation Office |
Discussed as the entity responsible for presentence reports.
|
|
| District Court |
Venue for sentencing proceedings.
|
Timeline (1 events)
2004-04-22
Congressional Record entry regarding CVRA legislative history.
U.S. Congress
Relationships (1)
Schoen's name appears on a document stamped with House Oversight Bates numbering.
Key Quotes (4)
"The CVRA guarantees that victims have 'the right to full and timely restitution as provided in law.'"Source
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Quote #1
"The probation officer must determine whether any victim wishes to provide information for the presentence report."Source
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Quote #2
"It is not the intent of the term 'reasonably' in the phrase 'to be reasonably heard' to provide any excuse for denying a victim the right to appear in person and directly address the court."Source
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Quote #3
"In light of this legislative history, victims undoubtedly have a right to make an in-court statement at sentencing as part of their right 'to be heard.'"Source
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Quote #4
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