HOUSE_OVERSIGHT_017623.jpg

2.67 MB
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Extraction Summary

2
People
6
Organizations
1
Locations
2
Events
2
Relationships
4
Quotes

Document Information

Type: Legal journal excerpt / house oversight evidence
File Size: 2.67 MB
Summary

This document is page 20 of a legal text (likely a law journal article from the Journal of Criminal Law & Criminology) submitted as evidence in a House Oversight investigation, bearing the footer 'DAVID SCHOEN'. The text heavily critiques the Office of Legal Counsel's (OLC) interpretation of the Crime Victims' Rights Act (CVRA), specifically the OLC's 'contorted position' that victim rights only attach after formal charges are filed. It argues that this interpretation renders the statutory words 'detection' and 'investigation' meaningless and conflicts with standard definitions of when a prosecution begins.

People (2)

Name Role Context
David Schoen Attorney / Submitter
Name appears in the footer, suggesting he submitted this document as evidence.
Wayne R. LaFave Legal Scholar/Author
Cited in footnote 168 regarding criminal procedure.

Organizations (6)

Name Type Context
OLC
Office of Legal Counsel; their interpretation of the CVRA is being critiqued.
The Department
Refers to the Department of Justice (DOJ).
FBI
Mentioned regarding the role of agents in the detection and investigation of crime.
EPA
Environmental Protection Agency; mentioned regarding the role of agents.
Fourth Circuit
Court of Appeals mentioned in relation to a case interpreting the Sixth Amendment.
House Oversight Committee
Implied by the 'HOUSE_OVERSIGHT' Bates stamp.

Timeline (2 events)

Unspecified
Filing of a criminal complaint
District Court
Government Defendant
Unspecified
Initial Appearance
Court
Defendant Victims Court

Locations (1)

Location Context
Where victims can assert CVRA rights.

Relationships (2)

OLC Legal Interpretation Congress
Text argues OLC interpretation contradicts Congressional intent regarding CVRA.
FBI Agents Professional Victims
Text mentions agents assisting victims during prosecution.

Key Quotes (4)

"OLC's contorted position never explains why Congress found it necessary to break out three separate phases of the criminal justice process: the 'detection,' 'investigation,' and 'prosecution' of crime."
Source
HOUSE_OVERSIGHT_017623.jpg
Quote #1
"The CVRA draws no distinction between misdemeanor and felony offenses, broadly extending its protections to victims of any federal offense."
Source
HOUSE_OVERSIGHT_017623.jpg
Quote #2
"OLC believes it is only to such post-complaint, yet pre-indictment, proceedings... that the venue provision's 'no-prosecution-underway' language covers."
Source
HOUSE_OVERSIGHT_017623.jpg
Quote #3
"verba cum effectu sunt accipienda"
Source
HOUSE_OVERSIGHT_017623.jpg
Quote #4

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