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Article: Criminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute
stice to Sexual Assault Survivors: Hearing Before the Subcomm. on Crime, Terrorism, and Homeland Sec. of the H.
> 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 →CRIMINAL LAW: CRIME VICTIMS' RIGHTS DURING CRIMINAL INVESTIGATIONS? APPLYING THE CRIME VICTIMS' RIGHTS ACT BEFORE CRIMINAL CHARGES ARE FILED
rotect Crime Victims, S.J. Res. 1: Hearing Before the S. Comm. on the Judiciary, 108th Cong. 128-29 (2003) (stat
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 →ARTICLE: Treating Crime Victims Fairly: Integrating Victims into the Federal Rules of Criminal Procedure
otect Crime Victims, S.J. Res. 1: Hearings Before the S. Comm. on the Judiciary, 108th Cong. (2003). 49 §. Rep.
notice of their rights before charges are filed. The Justice Department's own guidelines provide that a victim must receive
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
Page: HOUSE_OVERSIGHT_017702 →tim's rights might be violated before charges are filed. In particular, the victim might not receive notice of their rights before charges are filed. The Justice Department's own guidelines provide that a victim must receive notice of rights "at the earliest opportunity after detection of a crime at which it may be done wi
Page: HOUSE_OVERSIGHT_017707 →Entities connected to both the Subcomm. and Department of Justice

Jeffrey Epstein
PERSON
United States
LOCATION
Donald Trump
PERSON
Bradley Edwards
PERSON
Bill Clinton
PERSON
New York
LOCATIONFederal Bureau of Prisons
ORGANIZATION
George Mitchell
PERSON
A. Marie Villafana
PERSON
Paul Cassell
PERSON
Barry Diller
PERSON
Colorado
LOCATION
Michigan
LOCATION
Supreme Court
ORGANIZATION
Harvey Weinstein
PERSON
Wisconsin
LOCATION
Louisiana
LOCATIONSecond Circuit
ORGANIZATION
Oklahoma
LOCATION
LexisNexis
ORGANIZATION