Epstein Secrets

cccccccccesceessseesseesseesseeeseeessees 73 III. THE JUSTICE DEPARTMENT’S UNPERSUASIVE POSITION .........0....00000- 75 A.

CVRA rights attach when an officer or employee of the Department of Justice or any other department or agency of the United S

ns 71 C. Courts Recognize That Crime Victims Have CVRA Rights Before Charging .........ccccccccccccccccccccccesceessseesseesseesseeeseeessees 73 III. THE JUSTICE DEPARTMENT’S UNPERSUASIVE POSITION .........0....00000- 75 A. OLC’s Misreading of the CVRA’s Definition of “Victim” ........ 76 B. OLC’s Distortion of the CVRA’s

hat potential charges will never be filed. The issue of pre-charging rights has most prominently surfaced in connection with federal cases. In 2010, the Department of Justice’s Office of Legal Counsel (OLC) weighed in on the issue and released a legal opinion arguing that victims of federal crimes have no CVRA rights during

of 31 104 J. Crim. L. & Criminology 59, *75 II. The Justice Department's Unpersuasive Position Despite the CVRA's broad r

cifically directs that "officers and employees of the Department of Justice and other departments and agencies of the United

hat potential charges will never be filed. The issue of pre-charging rights has most prominently surfaced in connection with federal cases. In 2010, the Department of Justice's Office of Legal Counsel (OLC) weighed in on the issue and released a legal opinion arguing that victims of federal crimes have no CVRA rights during

doption of the CVRA). 35 150 Cong. Rec. 7296 (statement of Sen. Dianne Feinstein). 36 Td. at 7298 (statement of Sen. Jon Kyl). 37 Td. 38 See, e.g., Douglas Evan Beloof, The Third Model of Criminal Process: The Victim Participation Model, 1999 Utah L. Rev. 289, 294-96; Richard A. Bierschbach, Allocution and the Purpo

notice of their rights before charges are filed. The Justice Department's own guidelines provide that a victim must receive

participation in the criminal justice system); see also Shirley S. Abrahamson, Redefining Roles: The Victims' Rights Movement, 1985 Utah L. Rev. 517; Douglas Evan Beloof, The Third Model of Criminal Process: The Victim Participation Model, 1999 Utah L. Rev. 289; Paul G. Cassell, Barbarians at the Gates? A Reply to the

Sen. Kyl) ("We authorized an appropriation of to assure ... that moneys would be made available to enhance the victim notification system, managed by the Department of Justice's Office for Victims of Crime, and the resources additionally to develop state-of-the-art systems for notifying crime victims of important states of de

ourt proceedings. Moreover, the CVRA directs that the Department of Justice and its investigative agencies "shall make their

e J. Twist, Victims in Criminal Procedure 29-37 (2005); Shirley S. Abrahamson, Redefining Roles: The Victims' Rights Movement, 1985 Utah L. Rev. 517; Douglas Evan Beloof, The Third Model of Criminal Process: The Victim Participation Model, /999 Utah LE. Rev. 289 [hereinafter Beloof, The Third Model of Criminal Process

yl) ("We authorized an appropriation of funds to assure ... that moneys would be made available to enhance the victim notification system, managed by the Department of Justice's Office for Victims of Crime, and the resources additionally to develop state-of-the-art systems for notifying crime victims of important statements o