3
Shared Docs
0
Same-Page
3 / 3
Mentions
Crime Victims' Rights During Criminal Investigations? Applying the Crime Victims' Rights Act Before Criminal Charges Are Filed
victims.” The victims sought appellate review in the Fifth Circuit.°’ There, the court concurred with the district c
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)(1) (requiring gov
Page: HOUSE_OVERSIGHT_014050 →CRIMINAL LAW: CRIME VICTIMS' RIGHTS DURING CRIMINAL INVESTIGATIONS? APPLYING THE CRIME VICTIMS' RIGHTS ACT BEFORE CRIMINAL CHARGES ARE FILED
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)(1) (requiring gove
Page: HOUSE_OVERSIGHT_017612 →before charges have been filed, courts have uniformly agreed with the victims’ position. Perhaps the leading case to date to assess this question is the Fifth Circuit's decision in In re Dean. °° There, a wealthy corporate criminal defendant reached a generous plea deal with the Government - a deal that the Governmen
Page: HOUSE_OVERSIGHT_017613 →ARTICLE: Treating Crime Victims Fairly: Integrating Victims into the Federal Rules of Criminal Procedure
participants in the criminal justice process. As the Fifth Circuit explained in reversing a trial court which had al
59 F.2d 624, 629-30 (Sth Cir. 1981). 417 Accord United States v. Heaton, 458 F. Supp. 2d 1271, 1272 (D. Utah 2006). 478 Black's Law Dictionary 633 (Bryan A. Garner ed., 8th ed. 2004) (defining the adjective "fair"). 479 See Fed. R. Crim. P. 48 advisory committee's note recounting the history of the 1944 adoptio
Page: HOUSE_OVERSIGHT_017696 →Entities connected to both the Fifth Circuit and BRYAN A. GARNER

Jeffrey Epstein
PERSON
United States
LOCATIONJane Doe
PERSON
Bradley Edwards
PERSON
Department of Justice
ORGANIZATION
Paul Cassell
PERSON
George W. Bush
PERSONSecond Circuit
ORGANIZATIONMaria Farmer
PERSON
Alexander Acosta
PERSON
S.J. Quinney College of Law
ORGANIZATION
Harvey Weinstein
PERSON
A. Marie Villafana
PERSON
Ghislaine Maxwell
PERSON
Prince Andrew
PERSON
Salt Lake City
LOCATION
the University of Utah
ORGANIZATIONRubin
PERSONJack Goldberger
PERSON
Eric Holder
PERSON