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Crime Victims' Rights During Criminal Investigations? Applying the Crime Victims' Rights Act Before Criminal Charges Are Filed
esented the case to the U.S. Attomey’s Office for the Southern District of Florida. In 2007, the Office contacted counsel
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 →rights even before prosecutors filed a superseding indictment covering the specific crimes affecting the victims. Citing Dean, the District Court for the Eastern District of New York agreed that the rights were expansive and could apply before charges were filed but were subject to the outer limit that the Government has at least
Page: HOUSE_OVERSIGHT_014053 →CRIMINAL LAW: CRIME VICTIMS' RIGHTS DURING CRIMINAL INVESTIGATIONS? APPLYING THE CRIME VICTIMS' RIGHTS ACT BEFORE CRIMINAL CHARGES ARE FILED
sented the case to the U.S. Attorney's Office for the Southern District of Florida. In 2007, the Office contacted counsel
ights even before prosecutors filed a superseding indictment covering the specific crimes affecting the victims. Citing Dean, the District Court for the Eastern District of New York agreed that the rights ® John W. Gillis & Douglas E. Beloof, The Next Step for a Maturing Victim Rights Movement: Enforcing Crime Victim Rights in t
Page: HOUSE_OVERSIGHT_017613 →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 →Article: Criminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute
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 →onvincing Congress to expand their discretion at the expense of judges' sentencing authority, see United States v. Kupa, 976 F. Supp. 2d 417, 419-27 (E.D.N.Y. 2013) (describing the legislative history and Justice Department lobbying related to federal drug statutes, notably 27 U.S.C. § 841 (2012)). 218 See
Page: HOUSE_OVERSIGHT_016549 →Entities connected to both Petersen and District Court for the Southern District of New York

Jeffrey Epstein
PERSON
Ghislaine Maxwell
PERSON
Prince Andrew
PERSON
Department of Justice
ORGANIZATION
United States
LOCATION
Marc Rich
PERSONJane Doe
PERSON
Geoffrey S. Berman
PERSONSecond Circuit
ORGANIZATION
Bradley Edwards
PERSON
Donald Trump
PERSONFBI
ORGANIZATION
Paul Cassell
PERSON
Bill Clinton
PERSONMartin Weinberg
PERSON
Kenneth Marra
PERSON
Alan Dershowitz
PERSON
Alexander Acosta
PERSON
Virginia Giuffre
PERSONFederal Bureau of Prisons
ORGANIZATION