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1.86 MB
Extraction Summary
3
People
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Organizations
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Locations
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Events
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Relationships
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Quotes
Document Information
Type:
Legal academic article / congressional production document
File Size:
1.86 MB
Summary
This document is a page from a 2007 Utah Law Review article (likely by Paul Cassell) discussing the Crime Victims' Rights Act (CVRA) and proposed amendments to Federal Rules of Criminal Procedure 18 and 20 regarding venue transfer and victim notification. It details the Advisory Committee's acceptance of changes to Rule 18 but rejection of changes to Rule 20 based on prosecutorial discretion. The document bears a 'David Schoen' footer and a House Oversight Bates stamp, suggesting it was part of a document production related to the congressional investigation into the handling of the Jeffrey Epstein case, specifically regarding victims' rights violations.
People (3)
| Name | Role | Context |
|---|---|---|
| David Schoen | Attorney / Document Custodian |
Name appears at the bottom center of the page, indicating he is likely the source of the document provided to the Hou...
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| Paul Cassell | Author / Legal Scholar |
Cited in footnotes (353, 357) as the author of 'Proposed Amendments'. The text uses 'I proposed', indicating Cassell ...
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| Attorney General | Government Official |
Mentioned in the context of the CVRA and prosecutorial discretion.
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| Advisory Committee |
The committee responsible for reviewing and adopting/rejecting changes to Federal Rules of Criminal Procedure.
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| Utah Law Review |
Source of the text (2007 Utah L. Rev. 861).
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| House Oversight Committee |
Implied by the Bates stamp 'HOUSE_OVERSIGHT_017678'.
|
Relationships (1)
Text describes proposals made by the author (Cassell) to the Advisory Committee regarding Federal Rules.
Key Quotes (4)
"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.'"Source
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Quote #1
"Why the Advisory Committee chose to implement the victims' fairness rights in Rule 18 - and only Rule 18 - is not immediately clear."Source
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Quote #2
"The CVRA does not specifically address transfer."Source
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Quote #3
"Indeed, the CVRA provides that 'nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction.'"Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (3,154 characters)
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 the defendant, any victim, and the witnesses, and the prompt administration of justice. 353
The Advisory Committee adopted this proposal verbatim. 354
[*921] Discussion:
Little needs be said about the Advisory Committee's agreement with my proposal here, other than to note that the Committee's rationale for this change was "to implement the victim's 'right to be treated with fairness' under the Crime Victims' Rights Act." 355 Why the Advisory Committee chose to implement the victims' fairness rights in Rule 18 - and only Rule 18 - is not immediately clear. 356
Rule 20 - Victims' Views Considered Regarding Consensual Transfer The Proposals:
I proposed that Rule 20 be amended to allow the court to consider the victim's views in any decision to transfer a case as follows:
Rule 20. Transfer for Plea and Sentence
(a) Consent to Transfer. A prosecution may be transferred from the district where the indictment or information is pending, or from which a warrant on a complaint has been issued, to the district where the defendant is arrested, held, or present if:
(1) the defendant states in writing a wish to plead guilty or nolo contendere and to waive trial in the district where the indictment, information, or complaint is pending, consents in writing to the court's disposing of the case in the transferee district, and files the statement in the transferee district; and
(2) the United States attorneys in both districts approve the transfer in writing after consultation with any victim. If any victim objects to the transfer, the United States attorney in the transferring district or the victim's attorney shall advise the court where the indictment or information is pending of the victim's concerns. 357
I also proposed a similar change should be made to Rule 20(d) regarding transfer of juvenile proceedings. 358
The Advisory Committee recommended no change to Rule 20. 359
[*922] Discussion:
The Advisory Committee rejected this proposed change for the following reasons:
The CVRA does not specifically address transfer. It does give the victim a right to confer with the attorney for the government, 18 U.S.C. § 3771(a)(5), but that is not the same as requiring the attorney for the government to notify the court of the victim's views regarding transfers. Indeed, the CVRA provides that "nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction." 18 U.S.C. § 3771(d)(6). Accordingly, the
353 Cassell, Proposed Amendments, supra note 4, at 878-79.
354 See Proposed Amendments, supra note 71, R. 18, at 9.
355 Id. at 352.
356 See supra notes 95-97 and accompanying text (discussing this point).
357 Cassell, Proposed Amendments, supra note 4, at 879-80.
358 Id. at 879-80.
359 Proposed Amendments, supra note 71.
DAVID SCHOEN
HOUSE_OVERSIGHT_017678
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