HOUSE_OVERSIGHT_017729.jpg
2.12 MB
Extraction Summary
3
People
4
Organizations
1
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal reference material / law review article excerpt
File Size:
2.12 MB
Summary
This document is an excerpt from a 2005 BYU Law Review article discussing the Crime Victims' Rights Act (CVRA), specifically regarding the government's obligation to notify victims of case events. It outlines specific rights such as notification of release, plea agreements, and sentencing, and includes a rationale section quoting Senator Feinstein. The document bears the name of attorney David Schoen and a House Oversight Bates stamp, suggesting it was part of a production related to the investigation into the handling of the Epstein case, particularly the failure to notify victims under the CVRA.
People (3)
| Name | Role | Context |
|---|---|---|
| David Schoen | Attorney / Document Owner |
Name appears at the bottom of the document, suggesting this comes from his files or he is the author of the compilation.
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| Diane Feinstein | Senator |
Quoted in the text and footnote regarding the importance of victims' rights and the CVRA.
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| Jon Kyl | Senator |
Quoted in footnote 132 regarding the enactment of victims' rights.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| B.Y.U. Law Review |
Source of the text (2005 B.Y.U.L. Rev. 835).
|
|
| Bureau of Prisons |
Mentioned in section (b)(8) regarding notification programs.
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| FBI |
Mentioned in the rationale section as the agency that responds to crimes like bank robberies.
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| House Oversight Committee |
Implied by the Bates stamp 'HOUSE_OVERSIGHT_017729'.
|
Timeline (1 events)
April 22, 2004
Statements by Senators Feinstein and Kyl in the Congressional Record regarding victims' rights.
US Senate (Congressional Record)
Senator Feinstein
Senator Kyl
Locations (1)
| Location | Context |
|---|---|
|
Eastern District of New York, mentioned in footnote 133 legal citation.
|
Relationships (1)
Document bears Schoen's name and House Oversight Bates stamp.
Key Quotes (3)
"Victims are the persons who are directly harmed by the crime and they have a stake in the criminal process because of that harm."Source
HOUSE_OVERSIGHT_017729.jpg
Quote #1
"To deny them the opportunity to know of and be present at proceedings is counter to the fundamental principles of this country. It is simply wrong."Source
HOUSE_OVERSIGHT_017729.jpg
Quote #2
"It does not make sense to enact victims' rights that are rendered useless because the victim never knew of the proceeding at which the right had to be asserted."Source
HOUSE_OVERSIGHT_017729.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (3,695 characters)
Page 15 of 52
2005 B.Y.U.L. Rev. 835, *859
2005 B.Y.U.L. Rev. 835, *859
(a) Identification of Victim. During the prosecution of a case, the attorney for the government shall, at the earliest reasonable opportunity, identify the victims of the crime.
[*860]
[*860]
(b) Notice of Case Events. During the prosecution of a crime, the attorney for the government shall make reasonable efforts to provide victims the earliest possible notice of:
(1) The scheduling, including scheduling changes and/or continuances, of each court proceeding that the victim is either required to attend or entitled to attend;
(2) The release or detention status of a defendant or suspected offender;
(3) The filing of charges against a defendant, or the proposed dismissal of all charges, including the placement of the defendant in a pretrial diversion program and the conditions thereon;
(4) The right to make a statement about pretrial release of the defendant;
(5) The victim's right to make a statement about acceptance of a plea of guilty or nolo contendere;
(6) The victim's right to attend public proceedings;
(7) If the defendant is convicted, the date and place set for sentencing and the victim's right to address the court at sentencing; and
(8) After the defendant is sentenced, the sentence imposed and the availability of the Bureau of Prisons notification program, which shall provide the date, if any, on which the offender will be eligible for parole or supervised release.
(c) Multiple Victims. The attorney for the government shall advise the court if the attorney believes that the number of victims makes it impracticable to provide personal notice to each victim. If the court finds that the number of victims makes it impracticable to give personal notice to each victim desiring to receive notice, the court shall fashion a reasonable procedure calculated to give reasonable notice under the circumstances.
The Rationale:
This proposed change stems from the CVRA's requirement that victims have the "right to reasonable, accurate, and timely notice of [*861] any public court proceeding ... involving the crime." 131 Senator Feinstein explained the importance of giving victims notice:
Victims are the persons who are directly harmed by the crime and they have a stake in the criminal process because of that harm. Their lives are significantly altered by the crime and they have to live with the consequences for the rest of their lives. To deny them the opportunity to know of and be present at proceedings is counter to the fundamental principles of this country. It is simply wrong. 132
Under the CVRA, then, victims of the crime allegedly committed by the defendant 133 are entitled to notice of court proceedings. The tricky issue is who should provide that notice to victims. This responsibility must fall on prosecutors and their investigative agents for several reasons. First, prosecutors and their agents are the only parties who know the identity of the victims at the outset of the case. After a bank robbery, for example, it is the FBI agents who respond and interview the tellers.
131 18 U.S.C.A. 3771(a)(2).
132 150 Cong. Rec. S4268 (daily ed. Apr. 22, 2004) (statement of Sen. Feinstein); see also id. at S4267 (statement of Sen. Kyl) ("It does not make sense to enact victims' rights that are rendered useless because the victim never knew of the proceeding at which the right had to be asserted.").
133 See United States v. Guevara-Toloso, 2005 U.S. Dist. LEXIS 9762 (E.D.N.Y. 2005) (noting that CVRA requires notice to victims of the crime charged against the defendant but not notice to victims of any previous crimes the defendant may have committed).
DAVID SCHOEN
HOUSE_OVERSIGHT_017729
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