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654 KB
Extraction Summary
4
People
3
Organizations
3
Locations
2
Events
2
Relationships
5
Quotes
Document Information
Type:
Legal document
File Size:
654 KB
Summary
This legal document argues that victims, specifically Sarah and Elizabeth, have a right under the Crime Victims' Rights Act (CVRA) to deliver in-court statements at the sentencing of the defendant, Maxwell. It cites legal precedents and legislative intent to support the importance of these "victim impact statements," asserting they are crucial for ensuring victims are heard and for determining an appropriate punishment based on the harm caused.
People (4)
| Name | Role | Context |
|---|---|---|
| Maxwell | Defendant |
Mentioned in the context of their offense conduct and upcoming sentencing.
|
| Sarah | Victim |
Mentioned as having the right to deliver an in-court statement at Maxwell's sentencing.
|
| Elizabeth | Victim |
Mentioned as having the right to deliver an in-court statement at Maxwell's sentencing.
|
| Senator Kyl | Senator |
Quoted regarding the intentions of the CVRA's drafters, specifically about allowing victims to address the court.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| The Court | government agency |
Mentioned as having allowed a victim witness to testify.
|
| Ninth Circuit | government agency |
Cited as having reached a conclusion identical to other courts regarding victim statements.
|
| U.S. Dist. Court for C.D. Cal. | government agency |
Mentioned in the case citation for Kenna v. U.S. Dist. Court for C.D. Cal.
|
Relationships (2)
The document states that Sarah has the right to deliver an in-court statement at Maxwell's sentencing, identifying her as a victim of Maxwell's crime.
Key Quotes (5)
"reasonably heard at any public proceeding in the district court involving…sentencing."Source
— 18 U.S.C. § 3771(a)(4)
(A quote from the Crime Victims' Rights Act (CVRA) guaranteeing victims' rights.)
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Quote #1
"victim impact statement."Source
— common legal terminology
(The common term for the in-court statement a victim gives.)
DOJ-OGR-00010698.jpg
Quote #2
"At a sentencing hearing, the other participants will speak directly to the judge. Read against this backdrop, the CVRA commands that a victim should be treated equally with the defendant, defense counsel, and the prosecutor, rather than turned into a ‘faceless stranger.’"Source
— A court in United States v. Degenhardt
(An explanation from a court on how the CVRA ensures victims are heard and treated equally during sentencing.)
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Quote #3
"the very purpose of this section is to allow the victim to appear personally and directly address the court."Source
— Senator Kyl
(A statement from one of the CVRA's drafters about the intent behind the law.)
DOJ-OGR-00010698.jpg
Quote #4
"assessment of the harm caused by the defendant has long been an important factor in determining the appropriate punishment, and victim impact evidence is simply another method of informing the sentencing"Source
— unspecified legal source
(Explaining why victim impact evidence is probative and relevant to sentencing.)
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Quote #5
Full Extracted Text
Complete text extracted from the document (2,028 characters)
Case 1:20-cr-00330-PAE Document 675 Filed 06/25/22 Page 7 of 21
So too, one of the victim witnesses present at trial was not a minor under the law of the place where she was abused. Nonetheless, the Court allowed her to testify with a limiting instruction. Maxwell’s offense conduct was not limited to minor victims.
Sarah and Elizabeth have the right to deliver an in-court statement at Maxwell’s sentencing.
The CVRA guarantees all crime victims the right to be “reasonably heard at any public proceeding in the district court involving…sentencing.” 18 U.S.C. § 3771(a)(4). This is the right of any victim to give what is commonly referred to as a “victim impact statement.” See generally United States v. Degenhardt, 405 F.Supp.2d 1341 (D. Utah 2005). Various courts have held that the CVRA’s right to be reasonably heard guarantees victims the right to make an in-court statement. As one court explained: “At a sentencing hearing, the other participants will speak directly to the judge. Read against this backdrop, the CVRA commands that a victim should be treated equally with the defendant, defense counsel, and the prosecutor, rather than turned into a ‘faceless stranger.’” Id. at 1348, quoting Payne v. Tennessee, 501 U.S. 808, 825 (1991). The Ninth Circuit has reached an identical conclusion. See Kenna v. U.S. Dist. Court for C.D. Cal., 435 F.3d 1011, 1017–18 (9th Cir. 2006). These holdings are consistent with the intentions of the CVRA’s drafters. As Senator Kyl explained, “the very purpose of this section is to allow the victim to appear personally and directly address the court.” 150 CONG. REC. S10, 911 (daily ed. Oct. 9, 2004) (statement of Sen. Kyl), quoted in Degenhardt, 405 F.Supp.2d at 1346.
Further, victim impact evidence is probative of the offense conduct because an “assessment of the harm caused by the defendant has long been an important factor in determining the appropriate punishment, and victim impact evidence is simply another method of informing the sentencing
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DOJ-OGR-00010698
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