DOJ-OGR-00000647.jpg
633 KB
Extraction Summary
3
People
4
Organizations
1
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Court transcript
File Size:
633 KB
Summary
This document is page 9 of a court transcript filed on September 3, 2019, concerning the Epstein case (1:19-cr-00490-RMB). The text details a legal argument regarding the 'rule of abatement,' debating whether proceedings/forfeiture should cease after a defendant's death, especially in light of the Crime Victims' Rights Act. The speaker concludes that if abatement applies to convicted defendants (citing the Wright case), it applies even more strongly to Epstein, who died during the pretrial phase.
People (3)
| Name | Role | Context |
|---|---|---|
| Epstein | Defendant |
Subject of the case discussed; mentioned in the context that the rule of abatement should apply to him as he was in t...
|
| Wright | Defendant (Precedent) |
Referenced as a 'convicted defendant' in a precedent case used for comparison regarding the rule of abatement.
|
| RMB | Judge |
Initials in the Case Number (1:19-cr-00490-RMB), referring to Judge Richard M. Berman.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| United States courts |
Mentioned regarding their stance on the rule of abatement.
|
|
| Brooklyn Law Review |
Cited as a source regarding arguments against abating criminal convictions.
|
|
| Southern District Reporters, P.C. |
Transcription service listed in the footer.
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|
| Department of Justice (DOJ) |
Implied by the footer code 'DOJ-OGR'.
|
Timeline (1 events)
2019-09-03
Court filing/proceeding discussing the abatement of the Epstein case following his death.
Southern District of New York (Implied by case number and reporter)
Court officials
Locations (1)
| Location | Context |
|---|---|
|
Mentioned regarding its statute and constitution requiring the accommodation of crime victims' rights.
|
Key Quotes (3)
"it certainly is the law in this circuit."Source
DOJ-OGR-00000647.jpg
Quote #1
"courts, state courts, have criticized the rule of abatement, particularly in the face of growing recognition of victims' rights"Source
DOJ-OGR-00000647.jpg
Quote #2
"it is appropriate to conclude that if the rule of abatement applies to a convicted defendant as in the Wright case, it should also apply a fortiori in the Epstein case, which was still in the pretrial phase when"Source
DOJ-OGR-00000647.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,616 characters)
Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 9 of 86 9
J8RsEPS1
J8RsEPS1
1 This latter application of the rule of abatement
2 regarding forfeiture has not been universally accepted among
3 federal courts, but it certainly is the law in this circuit.
4 Some of you may be interested to know that some United States
5 courts, state courts, have criticized the rule of abatement,
6 particularly in the face of growing recognition of victims'
7 rights in the criminal justice system, including the Crime
8 Victims' Rights Act.
9 It has been written and contended in the Brooklyn Law
10 Review -- I can give you the cite later -- that when courts
11 abate criminal convictions, they reimpose a burden on victims
12 that legislatures intended to alleviate through these victim
13 rights statutes. The state Supreme Court has even concluded
14 that the expansion and codification of victims' rights provides
15 the changed conditions needed for overruling the rule of
16 abatement. It has also been stated that Alaska's statute and
17 its constitution now require the criminal justice system to
18 accommodate the rights of crime victims. Further, that the
19 abatement of criminal convictions has important implications
20 for these rights.
21 But coming back to our case, which is what you are
22 concerned about and I am as well, it is appropriate to conclude
23 that if the rule of abatement applies to a convicted defendant
24 as in the Wright case, it should also apply a fortiori in the
25 Epstein case, which was still in the pretrial phase when
2 regarding forfeiture has not been universally accepted among
3 federal courts, but it certainly is the law in this circuit.
4 Some of you may be interested to know that some United States
5 courts, state courts, have criticized the rule of abatement,
6 particularly in the face of growing recognition of victims'
7 rights in the criminal justice system, including the Crime
8 Victims' Rights Act.
9 It has been written and contended in the Brooklyn Law
10 Review -- I can give you the cite later -- that when courts
11 abate criminal convictions, they reimpose a burden on victims
12 that legislatures intended to alleviate through these victim
13 rights statutes. The state Supreme Court has even concluded
14 that the expansion and codification of victims' rights provides
15 the changed conditions needed for overruling the rule of
16 abatement. It has also been stated that Alaska's statute and
17 its constitution now require the criminal justice system to
18 accommodate the rights of crime victims. Further, that the
19 abatement of criminal convictions has important implications
20 for these rights.
21 But coming back to our case, which is what you are
22 concerned about and I am as well, it is appropriate to conclude
23 that if the rule of abatement applies to a convicted defendant
24 as in the Wright case, it should also apply a fortiori in the
25 Epstein case, which was still in the pretrial phase when
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00000647
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