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Laura Morton

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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.

Legal/academic law review page
2025-11-19
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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.

Law review article / legal memorandum excerpt
2025-11-19
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