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A. Id. The district court rejected the victims' request, and the victims filed a petition for a writ of mandamus in the U. S. Court of Appeals for the Fifth Circuit, pursuant to § 377l (d)(3). ? I Id. Upon review, the Fifth Circuit concluded, as discussed above, that " '[t]here am clearly rights under the CVRA
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
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
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)
Page: HOUSE_OVERSIGHT_014050 →CRIMINAL LAW: CRIME VICTIMS' RIGHTS DURING CRIMINAL INVESTIGATIONS? APPLYING THE CRIME VICTIMS' RIGHTS ACT BEFORE CRIMINAL CHARGES ARE FILED
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)(
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
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
Page: HOUSE_OVERSIGHT_017638 →Entities connected to both the Fifth Circuit and Antonin Scalia

Jeffrey Epstein
PERSON
United States
LOCATION
Department of Justice
ORGANIZATION
George W. Bush
PERSONJane Doe
PERSON
Scarlett Johansson
PERSONLeon Black
PERSON
Bill Clinton
PERSON
Supreme Court
ORGANIZATION
Donald Trump
PERSON
Kenneth Marra
PERSON
Julie K. Brown
PERSON
Bradley Edwards
PERSON
Virginia Giuffre
PERSON
Ghislaine Maxwell
PERSON
Barack Obama
PERSON
Paul Cassell
PERSONthe Eleventh Circuit
ORGANIZATION
Prince Andrew
PERSON
Joe Biden
PERSON