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1.68 MB
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Extraction Summary

2
People
4
Organizations
1
Locations
2
Events
2
Relationships
5
Quotes

Document Information

Type: Legal analysis / law review article / house oversight document
File Size: 1.68 MB
Summary

This document is page 80 of a legal analysis (likely by Paul Cassell) included in House Oversight materials (Bates HOUSE_OVERSIGHT_014059). It critiques an Office of Legal Counsel (OLC) memorandum regarding the Crime Victims' Rights Act (CVRA), specifically arguing against the OLC's position that victim rights only apply after formal charges are filed. The text outlines specific rights that logically apply pre-charging (protection, conferencing with government attorneys, and fairness/dignity) and cites case law (US v. Rubin) and legislative history to support a broader interpretation of the Act.

People (2)

Name Role Context
Cassell Author
Lead author of the legal document/article (listed in header 'CASSELL ET AL.')
Dianne Feinstein Senator
Cited in footnote 118 regarding the legislative intent of the CVRA

Organizations (4)

Name Type Context
OLC
Office of Legal Counsel - The entity whose memorandum is being critiqued for its interpretation of the CVRA
Congress
Legislative body that passed the CVRA
Department
Department of Justice (implied in footnote 115)
House Oversight Committee
Implied by the Bates stamp 'HOUSE_OVERSIGHT'

Timeline (2 events)

2004
Congressional Record statement by Sen. Dianne Feinstein regarding the CVRA
Congress
2008
United States v. Rubin court decision discussing CVRA rights
E.D.N.Y.

Locations (1)

Location Context
Eastern District of New York (Court jurisdiction cited in footnote 120)

Relationships (2)

OLC Legal Interpretation CVRA
Document discusses OLC's specific (and contested) interpretation of when CVRA rights attach.
Cassell Critic OLC
Cassell (author) describes OLC's analysis as 'truncated at best and misleading at worst'.

Key Quotes (5)

"OLC’s analysis is truncated at best and misleading at worst."
Source
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Quote #1
"The federal criminal justice process includes stages that are pre-charging, post-charging, and post-conviction."
Source
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Quote #2
"It would hardly be surprising to find that a statute that Congress intended to be 'broad and encompassing' covered events occurring after the filing of charges."
Source
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Quote #3
"OLC appears to recognize that at least three of the rights listed in the CVRA could easily apply before charges are filed"
Source
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Quote #4
"None of these rights explicitly refer to court 'proceedings' or other events... that necessarily occur after the filing of formal charges."
Source
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Quote #5

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