| Date | Event Type | Description | Location | Actions |
|---|---|---|---|---|
| 2005-01-14 | N/A | Publication of article 'Defense Blasted for Obtaining Smart's School Records'. | Salt Lake City | View |
This document analyzes the legal issues surrounding the subpoena of victim records without notice, using the Elizabeth Smart kidnapping case as a key example. It argues that current rules fail to protect victims' privacy rights under the Crime Victims' Rights Act (CVRA) and the Constitution, highlighting the risks when third-party custodians release sensitive information.
This document is a page from a 2007 Utah Law Review article found in the files of attorney David Schoen (produced for House Oversight). The text analyzes legal procedures regarding 'ex parte' subpoenas, specifically criticizing proposals that would allow defense attorneys to subpoena victim records without notice, using the Elizabeth Smart kidnapping case and Pennsylvania rape counselor statutes as examples of how third parties handle confidential victim information. It argues that current or proposed rules regarding the protection of defense 'strategy' are haphazard and often detrimental to victim privacy.
This document is page 30 of a 78-page submission, containing an excerpt from a 2007 Utah Law Review article authored or submitted by David Schoen. It discusses legal theory regarding Rule 17 subpoenas, specifically arguing for better protection of victim privacy. The text uses the Elizabeth Smart kidnapping case as a primary example of the flaws in existing subpoena rules, detailing how defense attorneys accessed her school and medical records without the family's knowledge.
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