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983 KB
Extraction Summary
3
People
4
Organizations
0
Locations
2
Events
2
Relationships
4
Quotes
Document Information
Type:
Government report (department of justice)
File Size:
983 KB
Summary
This document is page 241 of a DOJ report discussing the legal interpretation of the Crime Victims' Rights Act (CVRA) between 2010 and 2011. It details the Office of Legal Counsel's (OLC) determination that victim rights do not 'vest' until formal criminal charges are filed, a stance maintained in the 2011 Guidelines revision despite Senator Jon Kyl's argument that this conflicted with the Act's plain language. The text highlights the friction between internal DOJ policy regarding pre-indictment plea negotiations and the legislative intent of the CVRA.
People (3)
| Name | Role | Context |
|---|---|---|
| Jon Kyl | U.S. Senator |
Co-sponsor of the CVRA; sent a letter to AG Holder arguing that the 2011 Guidelines conflicted with the CVRA.
|
| Eric Holder | Attorney General |
Recipient of a letter from Senator Jon Kyl regarding the 2011 Guidelines.
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| Deputy Attorney General | DOJ Official |
Office convened a Victim of Crimes Working Group.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Department of Justice (Department) |
Revised guidelines regarding victim rights and CVRA interpretation.
|
|
| Office of Legal Counsel (OLC) |
Issued opinions regarding the definition of 'crime victim' and when rights vest.
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| Victim of Crimes Working Group |
Convened by the Office of the Deputy Attorney General to revisit CVRA definitions.
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| Congress |
Mentioned in the header regarding actions regarding CVRA interpretation.
|
Timeline (2 events)
2010
Office of the Deputy Attorney General convened a Victim of Crimes Working Group.
Department of Justice
2011-10
Department of Justice revised the 2005 Guidelines.
Department of Justice
Department of Justice
Relationships (2)
Senator Kyl sent a letter to Attorney General Holder regarding CVRA guidelines.
Office of the Deputy Attorney General asked OLC to revisit preliminary reviews.
Key Quotes (4)
"CVRA rights do not vest until a criminal charge has been filed"Source
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Quote #1
"In circumstances where plea negotiations occur before a case has been brought, Department policy is that this should include reasonable consultation prior to the filing of a charging instrument with the court."Source
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Quote #2
"conflict[ed] quite clearly with the CVRA’s plain language"Source
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Quote #3
"personnel are expected to take the action . . . unless there is an appropriate, articulable reason not to do so."Source
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Quote #4
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