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

Ct. 2749, 2765, 165 L.Ed.2d 723 (2006); see also Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretati

ncluded in other provisions of the same statute."C a Hamdan v. Rumsfeld, 548 U.S. 557,578, 126 S. Ct. 2749, 2765, 165 L.Ed.2d 723 (2006); see also Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 170 (2012) ("[W]here a document has used one term *1237 in one place, and a materi

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

as importantly, what it didn't write"); see also Antonin Scalia & Bryan A. Gamer, Reading Law: The Interpretatio

ny field of statutory interpretation, it is our duty to respect not only what Congress wrote but, as importantly, what it didn't write"); see also Antonin Scalia & Bryan A. Gamer, Reading Law: The Interpretation of Legal Texts 182 (2012) ("The familiar `easy-to-say-so-if-that-is-what-was-meant' rule of statuto

rida court filing by Bradley Edwards and Paul G. Cassell meantigLigaugigaja the Crime Victims (tights --A

s. The judge left open what the possible remedy could be.1-1-.393 v. Epstein (2015) In a December 2014 Florida court filing by Bradley Edwards and Paul G. Cassell meantigLigaugigaja the Crime Victims (tights --Act la 't,' gni mg (then known as b, alleged in a sworn affidavit that at age 17, she had been se

Republicans had taken the unprecedented step of refusing to consider Obama's nomination of Merrick Garland to fill the vacancy left by the death of Antonin Scalia in February 2016, arguing that the seat should not be filled in an election year. Gorsuch was confirmed to the seat in 2017 in a mostly marry-line

roceedings, we will be able to prove that clear violation of the CVRA and then obtain the remedy of invalidating the illegally-negotiated plea deal. Paul G. Cassell teaches criminal law, criminal procedure, and crime victims’ rights at the S.J. Quinney College of Law at the University of Utah. Before coming to Ut

at the case will ultimately set an important precedent that federal prosecutors can't keep victims in the dark about the plea deals that they reach." Cassell said. Epstein served 13 months of an 18-month sentence on the prostitution charge. sold his Palm Beach home in 2011 and now divides his time between

S.J. Quinney College of Law at the University of Utah. Before coming to Utah, he was President of the Stanford Law Review, a law clerk for then-Judge Antonin Scalia on the D.C, Circuit and for Chief Justice Warren Burger of the Supreme Court, an Associate Deputy Attorney General with the U.S. Justice Department (

ceedings. we will be able to prove that clear violation of the CVRA and then obtain the remedy of invalidating the illegally-negotiated plea deal. Paul G. Cassell teaches criminal law, criminal procedure. and crime victims' rights at the.. Quinney College of Law at the University of Utah. Before coming to Utah

at the case will ultimately set an important precedent that federal prosecutors can't keep victims in the dark about the plea deals that they reach? Cassell said. Epstein served 13 months of an 18-month sentence on the prostitution charge. sold his Palm Beach home in 2011 and now divides his time betwee

.. Quinney College of Law at the University of Utah. Before coming to Utah. he was President of the Stanford Law Review, a law clerk for then-Judge Antonin Scalia on the D.C. Circuit and for Chief Justice Warren Burger of the Supreme Court. an Ass iate Deputy Attorney General with the . Justice Department (1

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

acts, “they would have taken steps to object” to the plea agreement, and that they believed criminal prosecution to be “extremely important”). 4 See ANTONIN SCALIA & BRYAN A. GARNER, READING Law: THE INTERPRETATION OF LEGAL TEXTS 56 (2012). °° 18 U.S.C. § 3771(a) (2012) (enumerating eight rights), id. § 3771(c)

ivate benefits that criminal justice is now widely recognized to afford, and owe, to victims. 27 See Morrison v. Olson, 487 U.S. 654, 727-28 (1988) (Scalia, J., dissenting) ("Law enforcement is not automatic ... . What every prosecutor is practically required to do is to select the cases for prosecution

ustified lethal force, see generally Heather Ann Thompson, Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy (2016). 41 Cf. Paul Cassell, Who Prosecutes the Police? Perceptions of Bias in Police Misconduct Investigations and a Possible Remedy, Wash. Post: Vololkh Conspiracy Blog (Dec.

chments/2015/02/06/{v2014aprfv_20]6app2.pdf (describing aspects of the "Vulnerable People Priority Goal"). 46 See Lichtblau, supra note 141. 47 See Paul G. Cassell & James R. Marsh, Full Restitution for Child Pornography Victims: The Supreme Court's Paroline Decision and the Need for a Congressional Response, /3

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

protected rights under the Act even before charges are filed. [*73] C. COURTS RECOGNIZE THAT CRIME VICTIMS HAVE CVRA RIGHTS BEFORE CHARGING 4 See Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 56 (2012). % 18 U.S.C. § 3771(a) (2012) (enumerating eight rights); id. § 3771(c)(

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

dopted amendments to their own state constitutions, | which protect a wide range of victims’ rights. ® Payne 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

inal Procedure: Proposed Amendments in Light of the Crime Victims’ Rights Act 2005 Reporter 2005 B.Y.ULL. Rev. 835 * Length: 36451 words Author: Paul G. Cassell* * Professor of Law for the S.J. Quinney College of Law of the University of Utah and United States District Court Judge for the District of Utah. T

nial Revolution in Criminal Justice: The Return of the Victim, 13 Am. Crim. L. Rev. 649, 650 (1976). 5 Payne v. Tennessee, 501 U.S. 808, 834 (1991) (Scalia, J., concurring) (internal quotation marks omitted). See generally Douglas Evan Beloof, Paul G. Cassell & Steve J. Twist, Victims in Criminal Procedu

hird Wave of Crime Victims' Rights: Standing, Remedy, and Review, 2005 BYU L. Rev. 255 [hereinafter Beloof, The Third Wave of Crime Victims' Rights]; Cassell, supra note 15, at 1381- 82. '7 President's Task Force on Victims of Crime, Final Report 114 (1982). 18 Td. 19 Td. at 63. 20 Td. at 72-73. 21 Td.