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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 →d a possible consultation right long before formal charges are filed. [*100] Other states also expressly extend rights before the filing of charges. Colorado guarantees rights at "all critical stages of the criminal justice process[,]" which includes both the filing of charges and the decision to not file
Page: HOUSE_OVERSIGHT_017631 →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 →2. HOUSE_OVERSIGHT_014078 --- PAGE BREAK --- 100 CASSELL ET AL. [Vol. 104 Other states also expressly extend nights before the filing of charges. Colorado guarantees rights at “all critical stages of the criminal justice process|,]” which includes both the filing of charges and the decision to not file
Page: HOUSE_OVERSIGHT_014079 →Article: Criminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute
g to challenge those decisions. '24 A few [*882] limited exceptions prove the rule. In cases of private criminal complaints filed by alleged victims, Colorado, Michigan, Nebraska, and Pennsylvania authorize judges to review public prosecutors' decisions not to charge. !?> Even when statutes grant courts the
Page: HOUSE_OVERSIGHT_016527 →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 Colorado

Jeffrey Epstein
PERSON
Donald Trump
PERSON
Ghislaine Maxwell
PERSONLeon Black
PERSON
Prince Andrew
PERSON
Michael Cohen
PERSON
United States
LOCATION
George W. Bush
PERSON
Virginia Giuffre
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Marc Rich
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Department of Justice
ORGANIZATIONMartin Weinberg
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William Barr
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Michigan
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Supreme Court
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Scarlett Johansson
PERSON
Alexander Acosta
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Michael Jackson
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Bill Clinton
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New York
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