Epstein Secrets

—and we needn't do so even in this case. We cite Professor Cassell's article here (and elsewhere) for several reason

agreement that these "proceeding"-focused rights apply only after the filing of a complaint or criminal charges. See Reply in Supp. of Pet. at 17; Paul G. Cassell, et aL, Crime Picini's' Rights During Criminal Investigations? Applying the Crime Victims' Rights Act Before Criminal Charges Are Filed, 104 J. of

they assert that the term "case" can "refer both to a judicial case before a court and an investigative case pursued by a law enforcement officer," Cassell et al., supra, at 72 (emphasis added).9 Although it's true, at least in the abstract, that the term "case" can mean either thing, in legal parlanc

speedy trial right "may attach before an indictment and as early as the time of arrest and holding to answer a criminal charge." ) United States v. Gouveia 467 U.S. 180, 190, 104 S. Ct. 2292, 2298, 81 L.Ed.2d 146 (1984). 18 The Majority argues: "Although it's true, at least in the abstract, that the te

ehrman, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 (954) 524-2820 Fax: (954) 524-2822 E-mail: [email protected] Paul G. Cassell S.J. Quinney College of Law at the University of Utah 332 S. 1400 E. Salt Lake City, Utah 84112 (801) 585-5202 Fax: (801) 585-6833 E-mail: cas

ne 29, 2007) ("Federal district court judge Paul Cassell initiated the process [of incorporating the CVRA

n the filing of an affidavit in support of a search warrant. United States v. Alvarado, 440 F.3d 191, 200 (4th Cir. 2006) (quoting United States v. Gouveia, 467 U.S. 180, 187, 189) (emphasis added). See also United States v. Langley, 848 F.2d 152 (11th Cir. 1988) (formal criminal prosecution does not c

ne 29, 2007) ("Federal district court judge Paul Cassell initiated the process [of incorporating the CVRA

tates District Court, Southern District of Florida Brad Edwards, Esq., The Law Offices of Brad Edwards & Associates, LLC Hollywood, Florida 33020 Paul G. Cassell S.J. Quinney College of Law at the Salt Lake City, Utah 84112 Attorneys for Jane Doe # 1 and Jane Doe # 2 Since no criminal case was pending, the

n the filing of an affidavit in support of a search warrant. United States v. Alvarado , 440 F.3d 191, 200 (4th Cir. 2006) (quoting United States v. Gouveia , 467 U.S. 180, 187, 189) (emphasis added). See also United States v. Langley , 848 F.2d 152 (11th Cir. 1988) (formal criminal prosecution does not

ecution.' " Id. at 22. Thus, she says, our interpretation impermissibly renders the terms "detection" and "investigation" meaningless. Id.; see also Paul G. Cassell et al., Crime Victims' Rights During Criminal Investigations? Applying the Crime Victims' Rights Act Before Criminal Charges Are Filed, 104 J. Crim

9:08-cv-80736-KAM Attorneys and Law Firms Paul Cassell, University of Utah College of Law, SALT LAKE CT

y judicial criminal proceedings—whether by way of formal charge, preliminary hearing, indictment, information, or arraignment"? a United States v. Gouveia, 467 U.S. 180, 188, 104 S. Ct. 2292, 2297, 81 L.Ed.2d 146 (1984) (emphasis added) (citation omitted). But a civil litigant has no constitutional ri

s, Esq., Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 Fax: E-mail: Paul G. Cassell S.J. Quinney College of Law at the University of Utah 332 S. 1400 E. Salt Lake City, Utah 84112 Fax: E-mail: Attorneys for Jane Doe # 1 and Ja

ne 29, 2007) ("Federal district court judge Paul Cassell initiated the process [of incorporating the CVRA

n the filing of an affidavit in support of a search warrant. United States v. Alvarado, 440 F.3d 191, 200 (4th Cir. 2006) (quoting United States v. Gouveia, 467 U.S. 180, 187, 189) (emphasis added). See also United States v. Langley, 848 F.2d 152 (11th Cir. 1988) (formal criminal prosecution does not c

2 Fort Lauderdale, Florida 33301 Telephone (954) 524-2820 Facsimile (954) 524-2822 Florida Bar No.: 542075 E-mail: [email protected] and Paul G. Cassell Pro Hac Vice S.J. Quinney College of Law at the University of Utah 332 S. 1400 E. Salt Lake City, UT 84112 Telephone: 801-585-5202 Facsimile:

075 E-mail: [email protected] and Paul G. Cassell Pro Hac Vice S.J. Quinney College of Law at the

an can the filing of an affidavit in support of a search warrant. United States' Alvarado, 440 F.3d 191, 200 (4th Cir. 2006) (quotia United States. Gouveia, 467 U.S. 180, 187, 189) (emphasis added). See also United States I Langley, 848 F.2d 152 (11th Cir. 1988) (formal criminal prosecution does not co

ttorneys. 18. Prior to the filing of Plaintiff's Motion for Finding of Violations of the Crime Victims' Rights Act, neither Mr. Edwards, nor Judge Cassell, nor anyone on their behalf contacted me to determine if the allegations in Paragraphs 52 and 53 of that Motion were true. I declare under penalty

62 Entered on FLSD Docket 04/08/2011 Page 49 of 54 draft of Rule 60. See 153 Cong. Rec. 58742, S8746 (June 29, 2007) ("Federal district court judge Paul Cassell initiated the process [of incorporating the CVRA into the Federal Rules] by recommending rule changes to the Advisory Committee on Criminal Rules.")

n the filing of an affidavit in support of a search warrant. United States v. Alvarado, 440 F.3d 191, 200 (4th Cir. 2006) (quoting United States v. Gouveia, 467 U.S. 180, 187, 189) (emphasis added). See also United States v. Langley, 848 F.2d 152 (11th Cir. 1988) (formal criminal prosecution does not c

attorneys. 18. Prior to the filing of Plaintiffs Motion for Finding of Violations of the Crime Victims' Rights Act, neither Mr. Edwards, nor Judge Cassell, nor anyone on their behalf contacted me to determine if the allegations in Paragraphs 52 and 53 of that Motion were true. I declare under penalty

62 Entered on FLSD Docket 04/08/2011 Page 49 of 54 draft of Rule 60. See 153 Cong. Rec. 58742, S8746 (June 29, 2007) ("Federal district court judge Paul Cassell initiated the process [of incorporating the CVRA into the Federal Rules] by recommending rule changes to the Advisory Committee on Criminal Rules.")

can the filing of an affidavit in support of a search warrant. United States. Alvarado, 440 F.3d 191, 200 (4th Cir. 2006) (quoting United States■. Gouveia, 467 U.S. 180, 187, 189) (emphasis added). See also United States'. Langley, 848 F.2d 152 (11th Cir. 1988) (formal criminal prosecution does not co

ticle 2 Winter 2014 Crime Victims’ Rights During Criminal Investigations? Applying the Crime Victims’ Rights Act Bebore Criminal Charges Are Filed Paul G. Cassell Nathanael J. Mitchell Bradley J. Edwards Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/jclc o& Part of the Cr

The statute that Congress passed to solve these problems—the Crime Victims’ Rights Act of 2004—-gave victims “the right to participate in the 18 See Cassell, supra note 17, at 848-49. For the pros and cons of the amendment as originally introduced, compare Paul G. Cassell, Barbarians at the Gates? A Reply

? More importantly for purposes of this Article, the cases holding Tl See 18 U.S.C. § 3771 (e) (2012). 7 U.S. Const. amend. VI. ® United States v. Gouveia, 467 U.S. 180, 190 (1984) (quoting United States v. MacDonald, 456 U.S. 1, 6-7 (1982)) (internal quotation marks omitted). 4 See, e.g., Texas v. Cob

CRIME VICTIMS’ RIGHTS ACT BEFORE CRIMINAL CHARGES ARE FILED Winter, 2014 Reporter 104 J. Crim. L. & Criminology 59 * Length: 23898 words Author: PAUL G. CASSELL*, NATHANAEL J. MITCHELL** and BRADLEY J. EDWARDS*** * Ronald N. Boyce Presidential Professor of Criminal Law, S.J. Quinney College of Law at the Univ

tims in the Federal Rules of Criminal Procedure: Proposed Amendments in Light of the Crime Victims' Rights Act, 2005 BYU L. Rev. 835, 847-50. 18 See Cassell, supra note 17, at 848-49. For the pros and cons of the amendment as originally introduced, compare Paul G. Cassell, Barbarians at the Gates? A Reply

ion phase and an earlier investigative phase when "no prosecution is under way." !8° Senator Kyl, for 72 U.S. Const. amend. VI. 73 United States v. Gouveia, 467 U.S. 180, 190 (1984) (quoting United States v. MacDonald, 456 U.S. 1, 6-7 (1982)) (internal quotation marks omitted). ™ See, e.g., Texas v. Cob