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Crime Victims' Rights During Criminal Investigations? Applying the Crime Victims' Rights Act Before Criminal Charges Are Filed
esented the case to the U.S. Attomey’s Office for the Southern District of Florida. In 2007, the Office contacted counsel
L & TWIST, supra note 6, at 3-39 (describing the history of victims’ rights in American law and the early days of the modern movement). 8 See, e.g., William F. McDonald, Towards a Bicentennial Revolution in Criminal Justice: The Return of the Victim, 13 AM. CRIML. REV. 649, 651-55 (1976). ° Exec. Order 12,360, 47 Fe
Page: HOUSE_OVERSIGHT_014042 →rights even before prosecutors filed a superseding indictment covering the specific crimes affecting the victims. Citing Dean, the District Court for the Eastern District of New York agreed that the rights were expansive and could apply before charges were filed but were subject to the outer limit that the Government has at least
Page: HOUSE_OVERSIGHT_014053 →CRIMINAL LAW: CRIME VICTIMS' RIGHTS DURING CRIMINAL INVESTIGATIONS? APPLYING THE CRIME VICTIMS' RIGHTS ACT BEFORE CRIMINAL CHARGES ARE FILED
sented the case to the U.S. Attorney's Office for the Southern District of Florida. In 2007, the Office contacted counsel
l & Twist, supra note 6, at 3-39 (describing the history of victims’ rights in American law and the early days of the modern movement). 8 See, e.g., William F. McDonald, Towards a Bicentennial Revolution in Criminal Justice: The Return of the Victim, 13 Am. Crim L. Rev. 649, 651-55 (1976). ° Exec. Order 12,360, 47 F
Page: HOUSE_OVERSIGHT_017606 →ights even before prosecutors filed a superseding indictment covering the specific crimes affecting the victims. Citing Dean, the District Court for the Eastern District of New York agreed that the rights ® John W. Gillis & Douglas E. Beloof, The Next Step for a Maturing Victim Rights Movement: Enforcing Crime Victim Rights in t
Page: HOUSE_OVERSIGHT_017613 →Article: Criminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute
is, in Oxford Handbook of Criminal Process, supra note 60; see also Klaus Sessar, Prosecutorial Discretion in Germany, in The Prosecutor 255, 272-73 (William F. McDonald ed., 1979). For the German example of this principle, see Strafprozebetaordnung [StPO] [Code of Criminal Procedure],§§152, 160, 170, translation at h
Page: HOUSE_OVERSIGHT_016532 →onvincing Congress to expand their discretion at the expense of judges' sentencing authority, see United States v. Kupa, 976 F. Supp. 2d 417, 419-27 (E.D.N.Y. 2013) (describing the legislative history and Justice Department lobbying related to federal drug statutes, notably 27 U.S.C. § 841 (2012)). 218 See
Page: HOUSE_OVERSIGHT_016549 →ARTICLE: Recognizing Victims in the Federal Rules of Criminal Procedure: Proposed Amendments in Light of the Crime Victims' Rights Act
ub. L. No. 98-473, 98 Stat. 2014 (1984) (directly amending Rule 32). ! Fed. R. Crim. P.32(d)(2)(B) (emphasis added). 2 Td. at 32(d)(2)(A). 3 Td. * William F. McDonald, Towards a Bicentennial Revolution in Criminal Justice: The Return of the Victim, 13 Am. Crim. L. Rev. 649, 650 (1976). 5 Payne v. Tennessee, 501 U.
Page: HOUSE_OVERSIGHT_017717 →rious crimes the right to restitution. *°* Reinforcing those laws, the CVRA guarantees that victims have "the right 43 Magistrate Judge Orenstein of the Eastern District of New York, who has written many thoughtful opinions on the CVRA, has taken a contrary position. See Report and Recommendation, United States v. Ingrassis, No.
Page: HOUSE_OVERSIGHT_017749 →Entities connected to both William F. McDonald and District Court for the Southern District of New York

Jeffrey Epstein
PERSON
Prince Andrew
PERSON
Department of Justice
ORGANIZATION
United States
LOCATIONJane Doe
PERSONSecond Circuit
ORGANIZATION
Donald Trump
PERSON
Bill Clinton
PERSON
Bradley Edwards
PERSON
Paul Cassell
PERSON
Alexander Acosta
PERSONFederal Bureau of Prisons
ORGANIZATION
Supreme Court
ORGANIZATION
Harvey Weinstein
PERSON
Salt Lake City
LOCATIONCriminal Division
ORGANIZATIONU.S. District Court
ORGANIZATION
Eric Holder
PERSON
Colorado
LOCATION
the University of Utah
ORGANIZATION