Results for “Kyl”

… this). B9 See 118 Stat. 2260, 2264 (2004); sce also 150 Cong. Rec. $4267 (daily ed. Apr. 22, 2004) (statement of Sen. Kyl) ("We authorized an appropriation of funds to assure ... that moneys would be made available to enhance the victim notification system, managed by the Depar...

…subcommittee rejected). 54 18 U.S.C § 3771(a)(4). 55 150 Cong. Rec. $4268 (daily ed. Apr. 22, 2004) (statement of Sen. Kyl). 56 Bed. R. Crim. P. 11(b)(2). DAVID SCHOEN HOUSE_OVERSIGHT_017653

…ederal prosecutors are located) but other agencies as well, such 155 150 Cona. REc. 7303 (2004) (statement of Sen. Jon Kyl). 156 Iq 157 See SUSAN EstRICH, REAL Rape 50-51 (1987) (describing how a rape victim’s sexual history may be used against her in court proceedings), Beloo...

… new issues will need to be litigated. For example, the Hughey case noted above conflicts with the views of Senator Jon Kyl, co- sponsor of the CVRA, who explained that the definition of "victim" in the CVRA is an intentionally broad definition because "all victims of DAVID SCHO...

…ing that victims be given a veto over any plea). 156 150 Cong. Rec. $4268 (daily ed. Apr. 22, 2004) (statement of Sen. Kyl). 157 Bed. R. Crim. P. 11(b)(2). DAVID SCHOEN HOUSE_OVERSIGHT_017733

…ribbean, Inc., 754 F.2d 404, 428 (Ist Cir. 1990)). + 150 Cong. Rec. $4269 (daily ed. Apr. 22, 2004) (statement of Sen. Kyl). 5 Td. (statement of Sen. Feinstein). © Interview with Steve J. Twist, Nat'l Victims' Constitutional Amendment Network (March 11, 2005). 7 See supra note...

…tatute, a court must consider the “purpose and context” of the statute.°* In describing the fairness provision, Senator Kyl emphasized that it conferred a “broad” 48 ATTORNEY GENERAL GUIDELINES, supra note 52, at 41-42. Td. at 41. 5° OLC CVRA Rights Memo, supra note 2, at 10 (...

…1(A(1). 9 Td. § 3771(4)(3). © Td. § 3771(b)(1). 61 150 Cong. Rec. $10911 (daily ed. Oct. 9, 2004) (statement of Sen. Kyl). © See Cassell, Proposed Amendments, supra note 4. 3 Td. at 852. Td. at 854-55 (quoting 150 Cong. Rec. $4262 (daily ed. Apr. 22, 2004) (statement of Sen...

…requirement. Evidence of this fact comes from the Justice Department itself, which responded to the letter from Senator Kyl discussed earlier questioning why the Department was not applying the CVRA before charges were filed.*°’ In its response, the Department noted that OLC had...

…safety of any other person"). 468 See, e.g., 150 Cong. Rec. $10910, $10910 (daily ed. Oct. 9, 2004) (statement of Sen. Kyl). 469 Cassell, Proposed Amendments, supra note 4, at 918. 479 See Proposed Amendments, supra note 71 (showing no proposed change for Rule 48). DAVID SCHOE...

…te under the now-advisory Guidelines regime. 4°? #25 150 Cong. Rec. $4264 (daily ed. Apr. 22, 2004) (statement of Sen. Kyl) (emphasis added); see also Kenna v. U.S. Dist. Court, 435 F.3d 1011, 1017 (9th Cir. 2006). #26 See Cassell, Proposed Amendments, supra note 4, at 901-03....

…" if the victim's right to be heard was denied); see 150 Cong. Rec. $10,910 (daily ed. Oct. 9, 2004) (statement of Sen. Kyl) (discussing this provision). In light of these provisions, the Advisory Committee may need to consider redrafting Rule 35 to allow reopening of sentences i...

…ht" with respect to delays in a criminal case). 336 150 Cong. Rec. $10,911 (daily ed. Oct. 9, 2004) (statement of Sen. Kyl) (emphasis added). 337 President's Task Force on Victims of Crime, Final Report 76 (1982). 338 See, e.g., Ariz. Rev. Stat. Ann. 13-4435(B) (2001) (courts re...

…rights until prosecutors choose to file formal criminal charges. This led the CVRA's Senate cosponsor, then-Senator Jon Kyl, to fire off an angry letter to the Justice Department attacking its position. In our Article, we side with the Act's cosponsor. We believe that, properly u...

…requirement. Evidence of this fact comes from the Justice Department itself, which responded to the letter from Senator Kyl discussed earlier questioning why the Department was not applying the CVRA before charges were filed. 7°’ In its response, the Department noted that OLC had...