Epstein Secrets

Document 169 Entered on FLSD Docket 04/23/2012 Page 9 of 20 prosecutors, rather than judges, hold the real sentencing power. As plaintiffs' counsel Paul Cassell told the New York Times last month, "Judges have lost discretion, and that discretion has accumulated in the hands of prosecutors, who now have the

eal sentencing power. As plaintiffs' counsel Paul Cassell told the New York Times last month, "Judges have

sentence that will be imposed."' Plea negotiations implicate significant constitutional and policy considerations. The plaintiffs argue that under Weatherford Bursey, "there is no constitutional right to plea bargain," but that is not what the case held. What the Supreme Court actually said is that there

Submitted, s/ Bradley J. Edwards Bradley J. Edwards FARMER, JAFFE, WEISSING, EDWARDS FISTOS & LEHRMAN, P.L. Fort Lauderdale, Florida 33301 and Paul G. Cassell Pro Hac Vice S.J. Quinney College of Law at the University of Utah Salt Lake City, UT 84112 Attorneys for Jane Doe #1 and Jane Doe #2 26 EFTA0

.L. Fort Lauderdale, Florida 33301 and Paul G. Cassell Pro Hac Vice S.J. Quinney College of Law at the

stitutional considerations" that supposedly undergird plea bargain, the simple fact remains that "there is no constitutional right to plea bargain." Weatherford v. Bursey, 429 U.S. 545, 561 (1977). The Court should not exalt to privileged status negotiations that merely serve the administrative convenience

Appellants OPPOSITION TO MOTION FOR STAY OF DISTRICT COURT DISCOVERY ORDER PENDING APPEAL AND REQUEST FOR AN EXPEDITED RULING Bradley J. Edwards Paul G. Cassell FARMER, JAFFEE, WEISSING S. J. Quinney College of Law at EDWARDS, FISTOS & LEHRMAN, P.L. the University of Utah Attorneys for Plaintiffs-Appelle

AN EXPEDITED RULING Bradley J. Edwards Paul G. Cassell FARMER, JAFFEE, WEISSING S. J. Quinney College

arn about negotiation on the subject of notifications to crime victims. 4 It is well settled that "there is no constitution right to plea bargain." Weatherford I Bursey, 429 U.S. 545, 561 (1977). A copy of the victims' pleading is attached to this response at Attachment B. 6 Epstein has never contested th

ictims Fairly: Integrating Victims into the Federal Rules o Criminal Procedure 2007 Reporter 2007 Utah L. Rev. 861 * Length: 59852 words Author: Paul G. Cassell* * Professor of Law, S.J. Quinney College of Law of the University of Utah, Judge, U.S. District Court for the District of Utah, 2002-07. Thanks to

in the Federal Rules of Criminal Procedure: Proposed Amendments in Light of the Crime Victims’ Rights Act, 2005 BYU L. Rev. 835, 852-924 [hereinafter Cassell, Proposed Amendments]. 5 18 U.S.C. § 3771 (a)(8). DAVID SCHOEN HOUSE_OVERSIGHT_017637 --- PAGE BREAK --- Page 3 of 78 2007 Utah L. Rev. 861, *865

Cuthbertson, 630 F.2d 139, 146 (3d Cir. 1980)). 292 548 A.2d 408, 415 (Vt. 1988). 293 Td. at 413. 294 Td. at 414-15. 295 Iq. 296 Fd. at 415. 297 Weatherford v. Bursey, 429 U.S. 545, 559 (1977); see also United States v. Ruiz, 536 U.S. 622, 629 (2002) (quoting Weatherford, 429 U.S. at 559). 298 Wardius v.

15. 295 Iq. 296 Fd. at 415. 297 Weatherford v. Bursey, 429 U.S. 545, 559 (1977); see also United States v. Ruiz, 536 U.S. 622, 629 (2002) (quoting Weatherford, 429 U.S. at 559). 298 Wardius v. Oregon, 412 U.S. 470,474 (1973). 299 See Brady v. Maryland, 373 U.S. 83, 87 (1963). 300 See United States v. Bag