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

ctims 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 See Beloof, Cassell & 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

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

J. Int'l L. 37 (1996); Steven J. Twist, The Crime Victims’ Rights Amendment and Two Good and Perfect Things, 1999 Utah L. Rev. 369. 7 See generally Beloof, Cassell & Twist, supra note 6, at 29-38; Douglas Evan Beloof, The Third Wave of Victims' Rights: Standing, Remedy and Review, 2005 BYU L. Rev. 255; Cassell, Balancin

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

ndant has the right to be present." *° The amendment further allows victims to be heard at bail, plea, and sentencing hearings. 7° 16 See generally Beloof, Cassell & Twist, supra note 15, at ch. 1; Douglas E. Beloof, The Third Wave of Crime Victims' Rights: Standing, Remedy, and Review, 2005 BYU L. Rev. 255 [hereinafter

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