There is nothing in the Crime Victim Rights Act that specifies a victim doesn't become a victim until there is an indictment.
To the contrary - it references "any public court proceeding," not "the public court proceeding" that would occur post-indictment
justice.gov/usao/resources…
To the contrary - it references "any public court proceeding," not "the public court proceeding" that would occur post-indictment
justice.gov/usao/resources…
Seriously. They included the definition of a "crime victim" IN THE TEXT of 18 U.S.C. § 3771.
"the term 'crime victim' means a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia."
"the term 'crime victim' means a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia."
There is NOTHING THERE that says 'a person harmed as the result of an indicted Federal offense..."
@Mimirocah1 @glennkirschner2 - I'd love to hear your take on this.
@Mimirocah1 @glennkirschner2 - I'd love to hear your take on this.
The CVRA SPECIFIES "the commission of a Federal offense" - it doesn't say anything about CHARGES or INDICTMENTS.
Allowing this to stand not only flies in the face of the dictionary definition of 'victim' - it ignores the definition included IN THE ACT ITSELF.
It cannot stand.
Allowing this to stand not only flies in the face of the dictionary definition of 'victim' - it ignores the definition included IN THE ACT ITSELF.
It cannot stand.
"the right to be reasonably protected from the ACCUSED"
is not equivalent to
"the right to be reasonably protected from the INDICTED."
I'm gonna talk to some people about this.
is not equivalent to
"the right to be reasonably protected from the INDICTED."
I'm gonna talk to some people about this.
This is pretty much clear that victims have rights at the detection and investigation stages of a crime - there is no loophole that specifies post-indictment prosecutorial actions as distinct.
