Results for “The University of Utah”

Utah (40 minutes from the Salt Lake City airport)

…of 78 2007 Utah L. Rev. 861, *863 as I argued at length in an earlier article. + After receiving my suggested changes, the Advisory Committee agreed with some, but declined to adopt many of the others. At issue for the Advisory Committee was whether to proceed narrowly by changi...

Page 52 of 78 2007 Utah L. Rev. 861, *933 409 _ and presumably they will be conferring But the CVRA already gives victims the right to "confer" with prosecutors regarding the important topic of sentencing. It is important to emphasize that my proposal would require prosecutors...

…criminal defendants. Presumably, that same power extends to requesting assistance for crime victims. +7 In light of all these facts, federal courts have the inherent power to request attorneys to represent indigent crime victims. An illustration of this power is found in a decis...

Page 9 of 78 2007 Utah L. Rev. 861, *873 meaning of the statutory terms on a case-by-case basis, and [we] did not attempt to use the rules to anticipate and resolve the interpretative questions that will arise. > Before debating the merits of the Advisory Committee's position,...

Page 43 of 78 2007 Utah L. Rev. 861, *920 Unless a statute or these rules permit otherwise, the government must prosecute an offense in a district where the offense was committed. The court must set the place of trial within the district with due regard for the convenience of th...

…qs=0f91f67b3ff3eb403fb9e30a8210cc4cc9c04f6ba402c078235f9137198dd63fb2d926914c2b6588> Some people do yoga on vacation; others go for the occasional run. This week we're thinking a little more... adventurously, from active escapes at Travaasa Hana in Maui to racecar driving in Baj...

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 16 of 78 2007 Utah L. Rev. 861, *883 representative. To eliminate any doubt about the ability of corporate entities to assert their interests, the Rules should be amended to clearly state that a victim's representative can enforce victims' rights. '73 Rule 2 - Fairness 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...

Page 17 of 78 2007 Utah L. Rev. 861, *884 ambiguous rules, but the Court has used it as a basis for deviating from the Rules in some circumstances. !4° Indeed, in some lower court cases, Rule 2 has proven outcome determinative. For example, in United States v. Broadus, the Unite...

Page 46 of 78 2007 Utah L. Rev. 861, *925 community. 37? The provision is designed to secure a trial within the same political community ("the state") in which the 373 victim would likely reside. The Supreme Court's decisions on right of public access to trials bolsters the und...