…w Copyright (c) 2007 Utah Law Review Society End of Document 611 See supra notes 30-35 and accompanying text. DAVID SCHOEN
DAVID SCHOEN
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…19, 333 (E.D.N.Y. 2005) (reaching same conclusion). 598 Bucklew Memo, supra note 580, app. a, at 299, 302-03. DAVID SCHOEN 2007 Utah L. Rev. 861, *969 Page 77 of 78 discussed in connection with Rule 1 above, 599 Rule 60(b)(2) was revised to...
dest, because (in my estimation) relatively few federal cases involving victims are transferred for "convenience" under Rule 21(b). The more common situation is transfers for prejudice under Rule 21(a). 593 Thus, this change is, at best, re...
… leave victims' addresses vulnerable to unfair disclosure). 588 Bucklew Memo, supra note 580, app. a, at 283. DAVID SCHOEN 2007 Utah L. Rev. 861, *968 Page 76 of 78 of subpoenas for confidential information and thus violated important due p...
th a defendant 583 and struck language recommending such a meeting from its Committee note. 584 Rule 12.3. Also at its October 1, 2007 meeting, the Advisory Committee responded to my point that the same language appears in both Rule 12.1 (a...
itted them all to the Supreme Court and, unless the Court takes the unusual step of disavowing them, they will go into effect on December 1, 2008. Rule 1. In apparent response to my criticism that the definition of "victim" found in Rule 1...
…yl to Hon. David F. Levi, Chairman, Comm. on Rules of Practice and Procedure 1 (Feb. 16, 2007). 577 Id. at 3. DAVID SCHOEN 2007 Utah L. Rev. 861, *966 Page 75 of 78 In response to this Article and to other public criticisms of its rules, th...
ttee's current proposals do not treat crime victims fairly and, even more indisputably, do not fully implement Congress's commands in the CVRA. As the CVRA directs, crime victims are now participants in the federal criminal justice system....
… 911, 964 (2006) (suggesting crime victims can effectively monitor the behavior of "insiders" in the system). DAVID SCHOEN 2007 Utah L. Rev. 861, *964 Page 74 of 78 [*965] Any lack of interest in crime victims is regrettable and might lead...
d. One can read the Committee's proposals and the minutes of its discussions without finding much enthusiasm for the idea of crime victims becoming a part of the criminal justice process. This reluctance may be part of a larger phenomenon o...
o challenge victim status raises constitutional and other problems. A defendant who simply complained about a victim designation would lack "standing" under Article III of the Constitution, because there would be no "threatened or actual in...
… against the government - that is, rights "not to be victimized again through the process by which government DAVID SCHOEN 2007 Utah L. Rev. 861, *963 Page 73 of 78 to speak at those hearings does not interfere with the defendant's right to...
ictims' rights under the CVRA. At the very least, the language should be changed to make clear that victims to assert all rights that they have under the CVRA. One change that the Advisory Committee should not make is worth brief mention: T...
in dicta, that - in spite of Senator Kyl's plain statement - the CVRA might not apply until charges have been filed. 561 His primary reason for doing so, however, was that the Supreme Court's decision in Hughey v. United States, 562 suggest...
…ortunity after the detection of a crime at which it may be done without interfering with an investigation."). DAVID SCHOEN 2007 Utah L. Rev. 861, *962 Page 72 of 78 It is important to emphasize one argument the Advisory Committee does not a...
limiting the rights in the CVRA to such narrow provisions as the right to be "heard" on sentencing and other issues, because these rights attach only to "any public proceeding." 555 This assumption fails if the right to be treated fairly (n...
scribed in [the rules] must be asserted in [*961] the district in which a defendant is being prosecuted for the crime," 552 leaving silent what a victim should do if no prosecution is underway. Once again, the confusion that the Advisory Co...
…is added). 551 Advisory Committee Minutes, supra note 68, at 15 (discussing now-renumbered Rule 43(1)(b)(3)). DAVID SCHOEN 2007 Utah L. Rev. 861, *960 Page 71 of 78 This resulted in the Advisory Committee proposing a rule that recites only...
dvisory Committee sets out three requirements for a victim to file a motion to reopen a sentence - requirements taken straight from the CVRA. 548 Without explanation, however, the Advisory Committee then leaves out the CVRA's qualification...
…ll, Proposed Amendments, supra note 4, at 921-22. 541 Proposed Amendments, supra note 71, R. 60(b), at 16-18. DAVID SCHOEN 2007 Utah L. Rev. 861, *959 Page 70 of 78 First, in Proposed Rule 60(b)(1), the Advisory Committee has watered down t...
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