Page 32 of 52 2005 B.Y.U.L. Rev. 835, *888 In its current form, Rule 32(c)(1)(B) suggests that the probation officer is required to include restitution information only in a case covered by the MVRA because only then is restitution (in the language of the current rule) "required...
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Article: Criminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute December, 2018 Reporter 103 Minn. L. Rev. 844 * Length: 23570 words Author: Darryl K. Brown* + O. M. Vicars Professor of Law and Barron F. Black Research Professor of Law, University of Virgini...
Page 29 of 42 103 Minn. L. Rev. 844, *900 exception is Professor Donald Dripps's current proposal to expand federal criminal law to cover most sexual assault offenses - precisely the model of federal-state enforcement redundancy that [*901] exists now for drug crimes, corruption...
Page 16 of 52 2005 B.Y.U.L. Rev. 835, *861 Second, prosecutors and their agents continue dealing with victims throughout the course of a prosecution. They work with victims in investigating the crime, identifying potential defendants, preparing the indictment, and presenting evi...
Page 11 of 52 2005 B.Y.U.L. Rev. 835, #853 While this argument 1s legally precise, as a practical matter, compelling reasons justify amending the federal rules to include victims. Congress intended that the CVRA's new rights not be "simply words on paper," but rather "meaningful...
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...
James PaTTERSON detachment from day-to-day concerns such as morality, ethics, and appearances? As for Jeffrey Epstein, one question that might be worth ask- ing is, if he’s im fact a narcissist and megalomaniac, could he actually believe that he’s innocent? Then again, that mi...
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...
Page 18 of 52 2005 B.Y.U.L. Rev. 835, *865 Furthermore, the Federal Rules of Criminal Procedure already direct executive branch actions less directly connected to court hearings. For instance, Rule 16 directs that prosecutors must turn over various discoverable items to the defe...
Page 11 of 78 2007 Utah L. Rev. 861, *876 history even once in a twenty-page subcommittee report, in four pages of minutes of its discussions, or in twenty-six pages of proposed amendments and accompanying Advisory Committee Notes. °° Perhaps the Advisory Committee took a differ...
Page 60 of 78 2007 Utah L. Rev. 861, *945 In light of the statutory statement in /8 U.S.C. § 377/(d)(6) that nothing in the CVRA "shall be construed to impair the prosecutorial discretion of the Attorney General," as well as the separation of powers issues raised by judicial rev...
Page 7 of 78 2007 Utah L. Rev. 861, *870 specific enforcement mechanisms. °° Most important, the CVRA directly confers standing onto victims to assert their rights, a flaw in the earlier enactment. *” The act provides that rights can be "asserted" by "the crime victim or the cri...
Page 32 of 42 103 Minn. L. Rev. 844, *906 prosecutors to reverse their earlier non-prosecution decisions (or, occasionally, to appointing substitute prosecutors). This "executive separation of powers" model has proven effective, although whether it is effective enough is debated...
Page 28 of 78 2007 Utah L. Rev. 861, *900 The Advisory Committee did not propose any change to Rule 15. 7!¢ Discussion: Rule 15 authorizes depositions for the purpose of preserving evidence for trial, 7!’ thus, such depositions are an extension of 218 the trial. Victims, acco...