DOJ-OGR-00021454.jpg
767 KB
Extraction Summary
3
People
3
Organizations
0
Locations
2
Events
1
Relationships
4
Quotes
Document Information
Type:
Legal policy document / court filing exhibit
File Size:
767 KB
Summary
This document is page 252 of a larger legal filing (Exhibit SA-278), originating from the DOJ (DOJ-OGR-00021454) and filed in the Ghislaine Maxwell case (1:20-cr-00330-AJN). It outlines Department of Justice policies regarding 'Consultation With a Government Attorney,' specifically detailing the rights of victims to confer with prosecutors about major case decisions like plea agreements and dismissals, while explicitly stating that this does not create an attorney-client relationship. It lists factors responsible officials must consider when deciding whether to notify victims of plea negotiations, such as public safety and the number of victims.
People (3)
| Name | Role | Context |
|---|---|---|
| Unspecified Prosecutor/Attorney for the Government | Government Official |
Responsible for consulting with victims regarding case decisions and plea negotiations.
|
| Unspecified Victim | Victim |
Has the reasonable right to confer with the government attorney but does not have an attorney-client relationship wit...
|
| Unspecified Offender | Defendant |
Subject of conviction, sentencing, release, or plea negotiations.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Department of Justice (The Department) |
The government agency issuing these guidelines; explicitly mentioned regarding advocacy for victims.
|
|
| DOJ-OGR |
Department of Justice Office of Government Information Services (implied by Bates stamp DOJ-OGR-00021454).
|
|
| Court |
Judicial body to be informed of delays or concerns.
|
Relationships (1)
Victim
→
Consultative (Non-Attorney-Client)
→
Government Attorney
Text states: 'neither the Department’s advocacy for victims... constitutes or creates an attorney-client relationship between such victims and the lawyers for the Government.'
Key Quotes (4)
"A victim has the reasonable right to confer with the attorney for the Government in the case."Source
DOJ-OGR-00021454.jpg
Quote #1
"Federal prosecutors should be available to consult with victims about major case decisions, such as dismissals... plea negotiations, and pretrial diversion."Source
DOJ-OGR-00021454.jpg
Quote #2
"Representatives of the Department should take care to inform victims that neither the Department’s advocacy for victims nor any other effort that the Department may make on their behalf constitutes or creates an attorney-client relationship"Source
DOJ-OGR-00021454.jpg
Quote #3
"Responsible officials should make reasonable efforts to notify identified victims of, and consider victims’ views about, prospective plea negotiations."Source
DOJ-OGR-00021454.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (2,685 characters)
Case 22-1426, Document 78, 06/29/2023, 3536039, Page24 of 217
SA-278
Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 278 of 348
SA-278
Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 278 of 348
(e) If the offender is convicted, the sentence and conditions of supervised release, if any, that are imposed.
. . . .
(6) Referrals. Once charges are filed, the responsible official shall assist the victim in contacting the persons or offices responsible for providing the services and relief [previously identified].
c. Consultation With a Government Attorney
(1) In General. A victim has the reasonable right to confer with the attorney for the Government in the case. The victim’s right to confer, however, shall not be construed to impair prosecutorial discretion. Federal prosecutors should be available to consult with victims about major case decisions, such as dismissals, release of the accused pending judicial proceedings (when such release is for noninvestigative purposes), plea negotiations, and pretrial diversion. Because victims are not clients, may become adverse to the Government, and may disclose whatever they have learned from consulting with prosecutors, such consultations may be limited to gathering information from victims and conveying only nonsensitive data and public information. Consultations should comply with the prosecutor’s obligations under applicable rules of professional conduct.
Representatives of the Department should take care to inform victims that neither the Department’s advocacy for victims nor any other effort that the Department may make on their behalf constitutes or creates an attorney-client relationship between such victims and the lawyers for the Government.
Department personnel should not provide legal advice to victims.
(2) Prosecutor Availability. Prosecutors should be reasonably available to consult with victims regarding significant adversities they may suffer as a result of delays in the prosecution of the case and should, at the appropriate time, inform the court of the reasonable concerns that have been conveyed to the prosecutor.
(3) Proposed Plea Agreements. Responsible officials should make reasonable efforts to notify identified victims of, and consider victims’ views about, prospective plea negotiations. In determining what is reasonable, the responsible official should consider factors relevant to the wisdom and practicality of giving notice and considering views in the context of the particular case, including, but not limited to, the following factors:
(a) The impact on public safety and risks to personal safety.
(b) The number of victims.
(c) Whether time is of the essence in negotiating or entering a proposed plea.
(b) The number of victims.
(c) Whether time is of the essence in negotiating or entering a proposed plea.
252
DOJ-OGR-00021454
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