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Article: Criminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute
> See, e.g., id. at 17-19 (providing examples of the Justice Department's prosecution of state and local officials). 56 Td
seek review of prosecutors' decisions within the Department of Justice hierarchy, although it also explicitly bars judic
- victims - to prosecute alleged criminal wrongdoing. Redundant charging authority takes other forms as well. In large hierarchical agencies such as the U.S. Department of Justice, internal administrative review of front-line prosecutors’ charging or declination decisions by higher-ups creates a version of redundant enforcement
Page: HOUSE_OVERSIGHT_016512 →ive review somewhat comparable to those in E.U. member states. Federal law grants victims a right to seek review of prosecutors' decisions within the Department of Justice hierarchy, although it also explicitly bars judicial review of Justice Department decisions in this process. !!4 Although decision makers in an inter
Page: HOUSE_OVERSIGHT_016526 →Crime Victims' Rights During Criminal Investigations? Applying the Crime Victims' Rights Act Before Criminal Charges Are Filed
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
Page: HOUSE_OVERSIGHT_014039 →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
Page: HOUSE_OVERSIGHT_014040 →CRIMINAL LAW: CRIME VICTIMS' RIGHTS DURING CRIMINAL INVESTIGATIONS? APPLYING THE CRIME VICTIMS' RIGHTS ACT BEFORE CRIMINAL CHARGES ARE FILED
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
Page: HOUSE_OVERSIGHT_017605 →, at 3 (S.D. Fla. June 19, 2013). DAVID SCHOEN HOUSE_OVERSIGHT_017614 --- PAGE BREAK --- Page 12 of 31 104 J. Crim. L. & Criminology 59, *75 II. The Justice Department's Unpersuasive Position Despite the CVRA's broad remedial purposes, its expansive language referring to investigations, and the unanimous case law ext
Page: HOUSE_OVERSIGHT_017615 →Entities connected to both Susan Estrich and Department of Justice

Jeffrey Epstein
PERSON
United States
LOCATION
Prince Andrew
PERSON
Alexander Acosta
PERSONLeon Black
PERSON
Bradley Edwards
PERSON
Bill Clinton
PERSON
New York
LOCATIONJane Doe
PERSONFederal Bureau of Prisons
ORGANIZATIONMaria Farmer
PERSON
George Mitchell
PERSON
A. Marie Villafana
PERSON
Paul Cassell
PERSON
Colorado
LOCATION
Michigan
LOCATION
Harvey Weinstein
PERSON
India
LOCATION
Louisiana
LOCATION
Eric Holder
PERSON