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1.77 MB
Extraction Summary
1
People
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Organizations
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Locations
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Events
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Relationships
4
Quotes
Document Information
Type:
Legal analysis / law review article (evidence in house oversight investigation)
File Size:
1.77 MB
Summary
This document is page 81 of a legal article or report (dated 2014) discussing the Crime Victims' Rights Act (CVRA) and the Victims' Rights and Restitution Act (VRRA). It argues against the Office of Legal Counsel's (OLC) interpretation that victim rights only attach after judicial proceedings begin, asserting that protections should exist during the investigation phase ('suspected offender'). The document specifically critiques the OLC's definition of the word 'case.' It is part of a larger document dump related to the House Oversight Committee's investigation (likely regarding the handling of the Epstein case by the DOJ).
People (1)
| Name | Role | Context |
|---|---|---|
| Mary Margaret Giannini | Author/Legal Scholar |
Cited in footnote 123 for her article 'Redeeming an Empty Promise' regarding victim protection rights.
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| OLC |
Office of Legal Counsel; criticized in the text for its interpretation of the CVRA and definition of 'case'.
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| Justice Department |
Mentioned regarding obligations under the Attorney General Guidelines to provide protection to victims.
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| House Oversight Committee |
Implied by the footer stamp 'HOUSE_OVERSIGHT_014060'.
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Relationships (1)
Footnote 123 cites her Tennessee Law Review article.
Key Quotes (4)
"While OLC does not acknowledge this fact, the VRRA extends the first right to crime victims, directing that a “responsible official shall arrange for a victim to receive reasonable protection from a suspected offender...""Source
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Quote #1
"Because a “suspected” offender obviously exists before the filing of criminal charges, the VRRA envisions the right to protection being provided as soon as is practical after a victim suffers from the commission of a crime."Source
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Quote #2
"OLC contends that “[t]he phrase ‘in the case’ implies the pendency of a judicial proceeding.”"Source
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Quote #3
"But OLC does not acknowledge that Black’s Law Dictionary also defines and exemplifies a “case” more broadly as a “criminal investigation..."Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (3,069 characters)
2014] CRIME VICTIMS’ RIGHTS 81
For purposes of this Article, it is appropriate to focus on the last two of these three rights: the right to confer and the right to fair treatment. The first of these three rights—the right to be reasonably protected—is already clearly extended by another statute to crime victims before the filing of charges. While OLC does not acknowledge this fact, the VRRA extends the first right to crime victims, directing that a “responsible official shall arrange for a victim to receive reasonable protection from a suspected offender and persons acting in concert with or at the behest of the suspected offender.”121 Because a “suspected” offender obviously exists before the filing of criminal charges, the VRRA envisions the right to protection being provided as soon as is practical after a victim suffers from the commission of a crime. Additionally, the sections of the Attorney General Guidelines for Victim and Witness Assistance addressing the VRRA direct that Justice Department components must provide reasonable protection even before the filing of criminal charges.122 So, under the VRRA, the Justice Department should already be providing reasonable protection for a victim before an offender is indicted, regardless of how the CVRA is interpreted.123
The VRRA, however, does not contain a right to confer and a right to fair treatment and respect for the victim’s dignity. Therefore, if victims are going to receive these statutory rights before trial, these rights must be found in the CVRA. With regard to the CVRA provision that victims have the “reasonable right to confer with the attorney for the Government in the case,”124 OLC contends that “[t]he phrase ‘in the case’ implies the pendency of a judicial proceeding.”125 To bolster its conclusion, OLC then cites Black’s Law Dictionary, which includes among its several definitions of the word “case” the definition “a civil or criminal proceeding.”126 But OLC does not acknowledge that Black’s Law Dictionary also defines and exemplifies a “case” more broadly as a “criminal investigation
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