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Article: Criminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute
ivate benefits that criminal justice is now widely recognized to afford, and owe, to victims. 27 See Morrison v. Olson, 487 U.S. 654, 727-28 (1988) (Scalia, J., dissenting) ("Law enforcement is not automatic ... . What every prosecutor is practically required to do is to select the cases for prosecution
Page: HOUSE_OVERSIGHT_016515 →: Room for Debate (Apr. 9, 2015), hittps://www.nytimes.com/roomfordebate/2015/04/09/are -police-too-quick-to-use-force. 32 See Michael Planty et al, U.S. Dep't of Justice, Female Victims of Sexual Violence, 1994-2010, at 6 (2013), hittps://www.bjs.gov/content/pub/pd{/{vsv9410.pdf (estimating portion of sexual assaults
Page: HOUSE_OVERSIGHT_016515 →CRIMINAL LAW: CRIME VICTIMS' RIGHTS DURING CRIMINAL INVESTIGATIONS? APPLYING THE CRIME VICTIMS' RIGHTS ACT BEFORE CRIMINAL CHARGES ARE FILED
, the Department extends to victims the right to confer with prosecutors in situations where plea discussions occur before charges have been brought. U.S. Dep't of Justice, Office for Victims of Crime, Attorney General Guidelines for Victim and Witness Assistance 41-42 (2011 ed., rev. May 2012) [hereinafter Attorney Gen
Page: HOUSE_OVERSIGHT_017611 →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 →ARTICLE: Treating Crime Victims Fairly: Integrating Victims into the Federal Rules of Criminal Procedure
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 →ion only on a matter that is not in dispute"). 159 Cassell, Proposed Amendments, supra note 4, at 868. 160 Proposed Amendments, supra note 71. 161 U.S. Dep't of Justice, Office for Victims of Crime, Attorney General Guidelines for Victim and Witness Assistance 30 (2005) (defining what can be considered in determining
Page: HOUSE_OVERSIGHT_017654 →ARTICLE: Recognizing Victims in the Federal Rules of Criminal Procedure: Proposed Amendments in Light of the Crime Victims' Rights Act
nial Revolution in Criminal Justice: The Return of the Victim, 13 Am. Crim. L. Rev. 649, 650 (1976). 5 Payne v. Tennessee, 501 U.S. 808, 834 (1991) (Scalia, J., concurring) (internal quotation marks omitted). See generally Douglas Evan Beloof, Paul G. Cassell & Steve J. Twist, Victims in Criminal Procedu
Page: HOUSE_OVERSIGHT_017717 →nesses),; Pub L. No. 101-647, 104 Stat. 4789 (1990). 35 Victim and Witness Protection Act, Pub. L. No. 97-291, 6(a), 96 Stat. 1248, 1252 (1982). 36 U.S. Dep't of Justice, Office of the Att'y Gen., Attorney General Guidelines for Victim and Witness Assistance (1995). 37 Td. 38 U.S. Dep't of Justice, Office of the Att'
Page: HOUSE_OVERSIGHT_017719 →Entities connected to both Antonin Scalia and U.S. Dep't of Justice

Jeffrey Epstein
PERSON
Bill Clinton
PERSON
United States
LOCATION
Donald Trump
PERSON
George W. Bush
PERSON
Department of Justice
ORGANIZATION
Supreme Court
ORGANIZATION
George Mitchell
PERSON
Colorado
LOCATION
Wisconsin
LOCATION
House of Representatives
ORGANIZATION
New York
LOCATION
Harvey Weinstein
PERSON
Cynthia Nixon
PERSONFederal Bureau of Prisons
ORGANIZATION
Michigan
LOCATION
Louisiana
LOCATION
Paul Cassell
PERSONSecond Circuit
ORGANIZATION
Oklahoma
LOCATION