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991 KB
Extraction Summary
2
People
4
Organizations
0
Locations
3
Events
2
Relationships
4
Quotes
Document Information
Type:
Government report (likely doj opr/ig report)
File Size:
991 KB
Summary
This document page (193) details the Office of Legal Counsel's (OLC) legal interpretation that rights under the Crime Victims' Rights Act (CVRA) formally commence upon the filing of a complaint, as that establishes a 'Federal offense.' It also outlines the 2005 Attorney General Guidelines, which assigned the responsibility of identifying and notifying victims during the 'investigation stage' to the FBI Special Agent in Charge.
People (2)
| Name | Role | Context |
|---|---|---|
| Attorney General | Government Official |
Responsible for developing and updating Guidelines for Victim and Witness Assistance.
|
| Special Agent in Charge | FBI Official |
Responsible for identifying victims and notifying them of rights during the investigation stage of FBI cases.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| OLC |
Office of Legal Counsel; provided interpretation of the CVRA.
|
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| Department |
Department of Justice; updated guidelines and mandated compliance.
|
|
| FBI |
Federal Bureau of Investigation; investigating agency responsible for victim notification during investigation stage.
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| House |
U.S. House of Representatives; referenced via 'House Report'.
|
Timeline (3 events)
2005-05
Department updated its Attorney General Guidelines for Victim and Witness Assistance to include the CVRA.
USA
Department of Justice
Attorney General
Relationships (2)
OLC concluded that because the CVRA defines...
FBI Special Agent in Charge
→
Responsibility to Notify
→
Victims
Special Agent in Charge was responsible for identifying the victims... and notifying them of their rights
Key Quotes (4)
"OLC concluded that because the CVRA defines "'crime victim' as a 'person directly and proximately harmed by the commission of a Federal offense,' . . . the definition of victim is thus tethered to the identification of a 'Federal offense,' an event that occurs with the filing of a complaint.""Source
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Quote #1
"the first right grants a victim protection from "the accused," not a suspect."Source
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Quote #2
"During the "investigation stage" of cases in which the FBI was the investigating agency, the Special Agent in Charge was responsible for identifying the victims"Source
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Quote #3
"[D]uring the investigative stage, [the Department] mandates compliance with the Victims' Rights and Restitution Act"Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (3,480 characters)
OLC concluded that because the CVRA defines "'crime victim' as a 'person directly and
proximately harmed by the commission of a Federal offense,' . . . the definition of victim is thus
tethered to the identification of a 'Federal offense,' an event that occurs with the filing of a
complaint." OLC further concluded that because the House Report stated that the CVRA codifies
the "'rights of crime victims in the Federal judicial system'" and a complaint "commences the
'judicial process' and places an offense within the 'judicial system,'" the legislature must have
intended for CVRA rights to commence upon the filing of a complaint.
proximately harmed by the commission of a Federal offense,' . . . the definition of victim is thus
tethered to the identification of a 'Federal offense,' an event that occurs with the filing of a
complaint." OLC further concluded that because the House Report stated that the CVRA codifies
the "'rights of crime victims in the Federal judicial system'" and a complaint "commences the
'judicial process' and places an offense within the 'judicial system,'" the legislature must have
intended for CVRA rights to commence upon the filing of a complaint.
OLC also found that the language of the CVRA rights supported its interpretation. For
example, the first right grants a victim protection from "the accused," not a suspect. Additionally,
the second, third, and fourth rights refer to "victim notification, and access to, public proceedings
involving release, plea, sentencing or parole—none of which commence prior to the filing of a
complaint."
example, the first right grants a victim protection from "the accused," not a suspect. Additionally,
the second, third, and fourth rights refer to "victim notification, and access to, public proceedings
involving release, plea, sentencing or parole—none of which commence prior to the filing of a
complaint."
B. 2005 Attorney General Guidelines for Victim and Witness Assistance
In May 2005, the Department updated its Attorney General Guidelines for Victim and
Witness Assistance (2005 Guidelines) to include the CVRA.269 The 2005 Guidelines specifically
cited the CVRA requirement that agencies "engaged in the detection, investigation, or prosecution
of crime shall make their best efforts to see that crime victims are notified of, and accorded" their
CVRA rights, which in 2005 encompassed the initial eight CVRA rights.
Witness Assistance (2005 Guidelines) to include the CVRA.269 The 2005 Guidelines specifically
cited the CVRA requirement that agencies "engaged in the detection, investigation, or prosecution
of crime shall make their best efforts to see that crime victims are notified of, and accorded" their
CVRA rights, which in 2005 encompassed the initial eight CVRA rights.
The 2005 Guidelines provided detail regarding implementation of the Department's CVRA
duties and divided criminal cases into an "investigation stage," a "prosecution stage," and a
"corrections stage." The individuals responsible for notifying crime victims of their CVRA rights
varied depending on the stage of the proceedings.
duties and divided criminal cases into an "investigation stage," a "prosecution stage," and a
"corrections stage." The individuals responsible for notifying crime victims of their CVRA rights
varied depending on the stage of the proceedings.
During the "investigation stage" of cases in which the FBI was the investigating agency,
the Special Agent in Charge was responsible for identifying the victims "[a]t the earliest
opportunity after the detection of a crime" and notifying them of their rights under the CVRA and
services available under the VRRA and other federal statutes.
the Special Agent in Charge was responsible for identifying the victims "[a]t the earliest
opportunity after the detection of a crime" and notifying them of their rights under the CVRA and
services available under the VRRA and other federal statutes.
[D]uring the investigative stage, [the Department] mandates
compliance with the Victims' Rights and Restitution Act, 42 U.S.C
§ 10607, which requires federal officials to, among other things,
identify victims, protect victims, arrange for victims to receive
reasonable protection from suspected offenders, and provide
compliance with the Victims' Rights and Restitution Act, 42 U.S.C
§ 10607, which requires federal officials to, among other things,
identify victims, protect victims, arrange for victims to receive
reasonable protection from suspected offenders, and provide
The Availability of Crime Victims' Rights Under the Crime Victims' Rights Act of 2004 (Dec. 17, 2010) ("OLC
Availability of Crime Victims' Rights (2010)") and available at https://www.justice.gov/sites/default/files/olc/
opinions/2010/12/31/availability-crime-victims-rights.pdf. "That [2005] informal guidance did not foreclose the
possibility that other definitions would also be reasonable." OLC Availability of Crime Victims' Rights (2010) at 1.
Availability of Crime Victims' Rights (2010)") and available at https://www.justice.gov/sites/default/files/olc/
opinions/2010/12/31/availability-crime-victims-rights.pdf. "That [2005] informal guidance did not foreclose the
possibility that other definitions would also be reasonable." OLC Availability of Crime Victims' Rights (2010) at 1.
269 The 2005 Guidelines are set forth in relevant part in Chapter Three, Part Two, Section II of this Report. The
Department promulgated the guidelines in response to a congressional directive in a predecessor statute to the CVRA,
which instructed the Attorney General to develop and implement such guidelines. Victim and Witness Protection Act,
Pub. L. No. 97-291, § 6, 96 Stat. 1248 (1982). The 2005 Guidelines were superseded in October 2011, as explained
below.
Department promulgated the guidelines in response to a congressional directive in a predecessor statute to the CVRA,
which instructed the Attorney General to develop and implement such guidelines. Victim and Witness Protection Act,
Pub. L. No. 97-291, § 6, 96 Stat. 1248 (1982). The 2005 Guidelines were superseded in October 2011, as explained
below.
193
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