Epstein Secrets

they are the harmed individual," and "this in turn may contribute to the psychological healing of the victim." Douglas E. Beloof, Paul G. Cassell & Steven J. Twist, VICTIMS IN CRIMINAL PROCEDURE 478 (Carolina Acad. Press 2005). In addition, as a practical matter, "the victim may have financial interests in the

easonable efforts with a goal of providing victims with a meaningful opportunity to offer their views before a plea agreement is formally reached." U.S. Department of Justice, Attorney General Guidelines for Victim and Witness Assistance 41 (2012), available at https:// www.justice.govisites/defaultifiles/olp/docs/agguide

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

y parole or other release of the criminal. The Task Force 4 18 U.S.C. § 3771(¢)(1). > Id. § 3771(d)(3). © See Douglas E. Beloof, Paul G. Cassell & Steven J. Twist, Victims in Criminal Procedure 3-39 (3d ed. 2010) (describing reforms from a historical perspective); see also, e.g., /8 U.S.C. § 377/(a) (2012). 7

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

yne v. Tennessee, 501 U.S. 808, 834 (1991) (Scalia, J., concurring) (internal quotations omitted). See generally Douglas E. Beloof, Paul G. Cassell & Steven J. Twist, Victims in Criminal Procedure 638-39 (2d ed. 2005) (discussing the need for victims’ participation in the criminal justice system); see also Shirley

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

05)). The CVRA was part of a much larger piece of legislation that addressed a variety of subjects, known as the "Justice for All Act.” See generally Steven J. Twist, On the Wings of Their Angels: The Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, Nila Lynn Crime Victims' Rights Act, 9 Lewis & Cla

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