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1.47 MB
Extraction Summary
2
People
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Organizations
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Locations
1
Events
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Relationships
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Quotes
Document Information
Type:
Legal/academic article (table of contents)
File Size:
1.47 MB
Summary
This document is page 60 of a legal article (Vol. 104) authored by Cassell et al. It contains an abstract and a Table of Contents discussing the Crime Victims' Rights Act (CVRA). The article critiques the Justice Department's interpretation of when victims' rights attach during criminal investigations, specifically using the Jeffrey Epstein case as a primary illustration of pre-charging issues.
People (2)
| Name | Role | Context |
|---|---|---|
| Cassell | Author |
Lead author of the article (referenced in header 'CASSELL ET AL.')
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| Jeffrey Epstein | Subject |
Case study subject referenced in Table of Contents sections I.C and IV.B regarding pre-charging rights
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| Department of Justice |
Referenced as 'The Department' and 'Justice Department'; entity whose policies are being critiqued
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| OLC |
Office of Legal Counsel; referenced in section III regarding their reading of the CVRA
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| Federal Law Enforcement Agencies |
Referenced in the introduction paragraph regarding sending 'target' letters
|
Timeline (1 events)
Relationships (1)
The article critiques the Department's memorandum and position on victims' rights.
Key Quotes (3)
"Third, our Article critiques the Department’s memorandum, demonstrating that the Department’s analysis is unpersuasive."Source
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Quote #1
"Fourth and finally, the Article provides a specific approach for determining when rights should attach—specifically when federal law enforcement agencies have identified a crime with sufficient precision to send a “target” letter to a criminal defendant."Source
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Quote #2
"An Illustration of the Pre-charging Issue: The Jeffrey Epstein Case"Source
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Quote #3
Full Extracted Text
Complete text extracted from the document (2,036 characters)
60 CASSELL ET AL. [Vol. 104]
ability to participate meaningfully in the criminal process when federal prosecutors narrowly interpreted their responsibilities under the Act. Second, the Article reviews the purpose, text, structure, and history of the CVRA, concluding that they all support the conclusion that crime victims have rights during criminal investigations. Third, our Article critiques the Department’s memorandum, demonstrating that the Department’s analysis is unpersuasive. Fourth and finally, the Article provides a specific approach for determining when rights should attach—specifically when federal law enforcement agencies have identified a crime with sufficient precision to send a “target” letter to a criminal defendant. We also observe that federal and state prosecutors have already accorded rights to victims before formally filing charges, which further undermines the Department’s overly narrow construction of the Act.
TABLE OF CONTENTS
INTRODUCTION ... 61
I. THE ISSUE OF RIGHTS FOR CRIME VICTIMS DURING CRIMINAL INVESTIGATIONS ... 63
A. A Brief History of Crime Victims’ Rights ... 63
B. The Crime Victims’ Rights Act ... 65
C. An Illustration of the Pre-charging Issue: The Jeffrey Epstein Case ... 67
II. THE CVRA’S APPLICATION BEFORE FORMAL CHARGES ARE FILED ... 69
A. The CVRA’s Purposes ... 70
B. The CVRA’s Plain Language ... 71
C. Courts Recognize That Crime Victims Have CVRA Rights Before Charging ... 73
III. THE JUSTICE DEPARTMENT’S UNPERSUASIVE POSITION ... 75
A. OLC’s Misreading of the CVRA’s Definition of “Victim” ... 76
B. OLC’s Distortion of the CVRA’s Structure and Legislative History ... 80
C. OLC’s Ineffective Response to the CVRA’s Coverage and Venue Provisions ... 86
IV. WHEN PRE-CHARGING RIGHTS ATTACH UNDER THE CVRA ... 90
A. A Test for Determining When Rights Attach ... 91
B. Applying the Test to the Epstein Case ... 93
C. Current Department Policy on Pre-charging Rights ... 94
D. State Law Extension of Pre-charging Rights ... 97
CONCLUSION ... 103
INTRODUCTION ... 61
I. THE ISSUE OF RIGHTS FOR CRIME VICTIMS DURING CRIMINAL INVESTIGATIONS ... 63
A. A Brief History of Crime Victims’ Rights ... 63
B. The Crime Victims’ Rights Act ... 65
C. An Illustration of the Pre-charging Issue: The Jeffrey Epstein Case ... 67
II. THE CVRA’S APPLICATION BEFORE FORMAL CHARGES ARE FILED ... 69
A. The CVRA’s Purposes ... 70
B. The CVRA’s Plain Language ... 71
C. Courts Recognize That Crime Victims Have CVRA Rights Before Charging ... 73
III. THE JUSTICE DEPARTMENT’S UNPERSUASIVE POSITION ... 75
A. OLC’s Misreading of the CVRA’s Definition of “Victim” ... 76
B. OLC’s Distortion of the CVRA’s Structure and Legislative History ... 80
C. OLC’s Ineffective Response to the CVRA’s Coverage and Venue Provisions ... 86
IV. WHEN PRE-CHARGING RIGHTS ATTACH UNDER THE CVRA ... 90
A. A Test for Determining When Rights Attach ... 91
B. Applying the Test to the Epstein Case ... 93
C. Current Department Policy on Pre-charging Rights ... 94
D. State Law Extension of Pre-charging Rights ... 97
CONCLUSION ... 103
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