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CRIMINAL LAW: CRIME VICTIMS' RIGHTS DURING CRIMINAL INVESTIGATIONS? APPLYING THE CRIME VICTIMS' RIGHTS ACT BEFORE CRIMINAL CHARGES ARE FILED
at victims acquire rights even before a prosecution begins. The District Court for the Northern District of Indiana held to the same effect in In re Petersen. 7* There, the court held that a victim's right to be treated with fairness and with respect for [his or her] dignity and privacy "may apply before a
Page: HOUSE_OVERSIGHT_017614 →. 76 Id. Petersen also held that one specific CVRA right - the right to confer - only applies after charges have been filed. Id. But the authorities Petersen cites for that proposition prove no such thing. Confusingly, Petersen cited the Fifth Circuit's ruling in Dean for support; but (as just explained ab
Page: HOUSE_OVERSIGHT_017614 →that implementing such an approach would be difficult. 7° Presumably the Justice Department has already been providing such rights in at least Texas, Louisiana, and Mississippi to comply with the Fifth [*95] Circuit's 2008 ruling in In Re Dean, which held that the CVRA extends rights to victims before defen
Page: HOUSE_OVERSIGHT_017627 →Crime Victims' Rights During Criminal Investigations? Applying the Crime Victims' Rights Act Before Criminal Charges Are Filed
t victims acquire rights even before a prosecution begins.” The District Court for the Northern District of Indiana held to the same effect in In re Petersen. There, the court held that a victim’s right to be treated with fairness and with respect for [his or her] dignity and privacy “may apply before any
Page: HOUSE_OVERSIGHT_014053 →that implementing such an approach would be difficult.*” Presumably the Justice Department has already been providing such rights in at least Texas, Louisiana, and Mississippi to comply with the Fifth 197 See 18 U.S.C. §§ 2422(b), 2423(b), (e) (2012). 198 A more substantial summary of the case is availabl
Page: HOUSE_OVERSIGHT_014073 →Article: Criminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute
ense definitions to reduce opportunities for selective enforcement); Papachristou v. Jacksonville, 405 U.S. 156, 162 (1972) (same). 26 See Duncan v. Louisiana, 391 U.S. 145, 156 (1968) (regarding trial by jury as a "safeguard against the corrupt or overzealous prosecutor"). DAVID SCHOEN HOUSE_OVERSIGHT_01
Page: HOUSE_OVERSIGHT_016514 →as well as juries) are unduly skeptical of rape allegations. '7? And there is good evidence that law enforcement agencies’ responses to 19 See In re Petersen, No. 2:10-CV-298 RM, 2010 WL 5108692, at 2 (N.D. Ind. Dec. 8, 2010) (concluding that prosecutors control charging decisions and certain victim rights
Page: HOUSE_OVERSIGHT_016535 →Entities connected to both Petersen and Louisiana

Jeffrey Epstein
PERSON
Donald Trump
PERSON
Michigan
LOCATIONLeon Black
PERSON
Department of Justice
ORGANIZATION
United States
LOCATION
Prince Andrew
PERSON
Virginia Giuffre
PERSON
George W. Bush
PERSON
Colorado
LOCATION
George Mitchell
PERSON
Michael Jackson
PERSON
Supreme Court
ORGANIZATION
Houston
LOCATION
Prince Charles
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Scarlett Johansson
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Stephen Hawking
PERSON
India
LOCATION
Bill Clinton
PERSON
New York
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