…; in other words, prosecutors would serve as a conduit to the victim, but not a controller of the victim. The Advisory Committee declined to adopt my proposal, opining that "the prosecutor should remain the victim's source of information re...
Advisory Committee
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Mentions of Advisory Committee in the public Epstein records, with citations.
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Where Advisory Committee appears
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ell to the U.S. Sentencing Comm'n (Feb. 15, 2005), available at http://www.ussc.gov/hearings/02_15_05/cassell_testimony.pdf (last visited Feb. 22, 2008) (advancing similar arguments). 404 Ala. Code § 15-23-73(b) (1995) (giving victim "right...
rict court, which had rejected a victim's argument that "the CVRA confers a general right for crime victims to obtain [*933] disclosure of the [presentence report]." 405 The Ninth Circuit stated tersely that the district court did not "comm...
3771(a)(4) (2006). 397 See generally Beloof, Cassell & Twist, supra note 6, at 625-90 (discussing victim impact statements); Cassell, Balancing the Scales, supra note 6, at 1395-96. 398 150 Cong. Rec. S4268 (daily ed. Apr. 22, 2004) (statem...
be "reasonably heard" at the sentencing proceeding. The victim's right to be "reasonably heard" implicitly includes a right for the victim to speak to disputed Guidelines issues. As Senator Kyl explained, the victim's right includes the rig...
…ations under this rule to any copy of the presentence report made available to the Bureau of Prisons. 394 The Advisory Committee recommended no changes to these rules. 395 Discussion: The CVRA entitles victims to be heard on disputed Federa...
] presentence report or in a party's prehearing submission or in a victim impact statement, the court must give the parties reasonable notice that it is contemplating either departing from the applicable guideline range or imposing a non-gu...
visory Committee also declined to add my proposal that the probation officer determine whether the victim wished to have any material included in the presentence report. See Cassell, Proposed Amendments, supra note 4, at 889. I will rely on...
…21 (9th Cir. 1985) (internal citation omitted). 391 In addition to the changes to Rule 32 discussed here, the Advisory Committee essentially adopted verbatim my proposals to amend Rules 32(a), 32(c)(1)(B), and 32(d)(2)(B). Compare Cassell,...
…This is a "serious and weighty responsibility." 390 To discharge that serious and weighty responsibility, the Advisory Committee should draft Rule 23 so that the trial court should receive as much relevant information as possible. The victi...
…victims is not immediately clear. But, for the sake of argument, assume that nothing in the CVRA requires the Advisory Committee to change this rule. The fact remains that the Advisory Committee could still change the rule if there were goo...
…; (2) the government consents; and (3) the court approves after considering the views of any victims. 383 The Advisory Committee did not recommend any change to this rule. 384 Discussion: Here again, the Advisory Committee declined to adopt...
t decade, both nationwide and in New Jersey, a significant amount of legislation has been passed implementing increased levels of protection for victims of crime. Specifically, in New Jersey, the Legislature enacted the "Crime Victim's Bill...
as Justice Blackmun has emphasized, "The victim of the crime, the family of the victim, [and] others who have suffered similarly, … . have an interest in observing the course of a prosecution." 376 Victims are vitally interested in observin...
cle III simply commands that in a federal prosecution, "the Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes have been committed." 371 This Article III vi...
…the court will always consider a victim's views on transfer. With regard to transfers to avoid prejudice, the Advisory Committee concludes that a victim's views could not "outweigh" the defendant's right to a fair proceeding. But no one arg...
…e cases, the attorney for the government should appraise the court of the victim's views. 368 Once again, the Advisory Committee's position clashes with the statute. The Committee does not argue (nor does it seem plausible to argue) that tr...
…assell, Proposed Amendments, supra note 4, at 880. DAVID SCHOEN 2007 Utah L. Rev. 861, *923 Page 45 of 78 The Advisory Committee recommended no change to this rule. 367 Discussion: The Advisory Committee rejected this change because, in its...
…ace of prosecution just discussed and, indeed, all other decisions in the criminal justice process. Thus, the Advisory Committee has unfairly stacked the deck in deciding that it would not "disturb this statutory balance," when it chose not...
…In appropriate cases, the attorney for the government should appraise the court of the victim's view. 360 The Advisory Committee is able to claim that the CVRA does "not specifically address transfer" only because it reviewed an amputated C...
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