88 CASSELL ET AL. [Vol. 104 crime victims to assert CVRA rights “in the district court in which a defendant is being prosecuted for the crime or, if no prosecution is underway, in the district court in the district in which the crime occurred.”'® The Department contends that thi...
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10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 67 H3VOGIU1 relate to plaintiff and said that those stories ar vidence of her damaged reputation. When you look at the stories that actually were pulled off the internet, a substantial number of them relate t...
Page 44 of 78 2007 Utah L. Rev. 861, *922 CVRA contemplates that the attorney for the government will consider the victim's mterests in exercising prosecutorial discretion, including the discretionary determination whether to consent to a Rule 20 transfer. The Subcommittee was n...
Page 10 of 78 2007 Utah L. Rev. 861, *874 to be given real world application. To be sure, it is a broad right - akin to the defendant's broad right to "due process of law." °! But to implement that right in the criminal rules is not "creating new victims rights not based upon the...
Page 57 of 78 2007 Utah L. Rev. 861, *940 Based on this legislative history, Kenna concluded that crime victims have the right to speak at CVRA-covered proceedings. 445 Kenna explained that this interpretation advanced the purposes of the CVRA, for the "statute was enacted to [*...
Page 55 of 78 2007 Utah L. Rev. 861, *937 Focusing specifically on the issue of victim impact information, the [*938] Third Circuit 1s correct that, under the current rules, it is "unworkable" to provide advance notice of upward (or downward 44) departures based on victim allocu...
Page 49 of 78 2007 Utah L. Rev. 861, *929 (3) Sentence Recommendation. By local rule or by order in a case, the court may direct the probation officer not to disclose to anyone other than the court the officer's recommendation on the sentence. 39? I further recommended that vic...
Page 18 of 78 2007 Utah L. Rev. 861, *885 remains what the court should do with the victim's statement. Currently Rule 11(a)() specifies that the court must consider "the parties views on a nolo plea - but it makes no mention of the victim's views. !4? The CVRA now mandates that...
Page 12 of 78 2007 Utah L. Rev. 861, *877 witnesses, but also the victim as well. ?° Notably, the Advisory Committee's rationale for this change was to "implement[] the victim's "right to be treated with fairness’ under the Crime Victims' Rights Act." °?’ But if a change to the...
86 CASSELL ET AL. [Vol. 104 right.'°° The reason for adopting such a broad right was that “[t]oo often victims of crime experience a secondary victimization at the hands of the criminal justice system. This provision is intended to direct Government agencies and employees, wheth...
80 CASSELL ET AL. [Vol. 104 vastly overstates its position when it asserts that “most courts ... have declined to extend enforceable nghts under the CVRA to alleged victims of conduct that did not lead to criminal proceedings.”'' All the courts that have actually reached the iss...
Page 13 of 52 2005 B.Y.U.L. Rev. 835, *856 recite a specific proposed change followed by the rationale for that change as both a matter of law and of policy. For convenience, this Article discusses the proposed changes sequentially, beginning with Rule 1. Rule 1 - Definition of...
Page 19 of 52 2005 B.Y.U.L. Rev. 835, *867 provide the judge with as much information as possible. The court is under no obligation to accept a plea proposed by the 155 parties. '°4 After hearing from the victim about the plea, the court can determine what weight to give to the...
whether other responsive records may exist, but whether the search was adequate.”); Wilbur v. CLA., 355 F.3d 675, 678 (D.C. 2004) (court explaining that “the agency’s failure to turn up a particular document, or mere speculation that as yet uncovered documents might exist, does n...
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