This document discusses proposed legal rule changes aimed at protecting crime victims' interests regarding subpoenas and the venue of prosecution. It outlines a requirement for preliminary court screening of subpoenas to ensure relevance and reasonableness, and proposes amending Rule 18 to consider the convenience of victims when setting the place of trial. The text argues these changes protect victim privacy without infringing on the legitimate interests of the government or defendants.
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.
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