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Crime Victims' Rights During Criminal Investigations? Applying the Crime Victims' Rights Act Before Criminal Charges Are Filed

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Journal of Criminal Law and Criminology
Volume 104 | Issue 1 Article 2
Winter 2014
Crime Victims' Rights During Criminal
Investigations? Applying the Crime Victims' Rights
Act Before Criminal Charges Are Filed
Paul G. Cassell
Nathanael J. Mitchell
Bradley J. Edwards
Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/jclc
Part of the Criminal Law Commons
Recommended Citation
Paul G. Cassell, Nathanael J. Mitchell, and Bradley J. Edwards, Crime Victims' Rights During Criminal Investigations? Applying the Crime
Victims' Rights Act Before Criminal Charges Are Filed, 104 J. Crim. L. & Criminology 59 ().
http://scholarlycommons.law.northwestern.edu/jclc/vol104/iss1/2
This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for
inclusion in Journal of Criminal Law and Criminology by an authorized administrator of Northwestern University School of Law Scholarly Commons.
0091-4169/14/10401-0059
THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 104, No. 1
Copyright © 2014 by Northwestern University School of Law
Printed in U.S.A.
CRIME VICTIMS’ RIGHTS DURING
CRIMINAL INVESTIGATIONS?
APPLYING THE CRIME VICTIMS’ RIGHTS
ACT BEFORE CRIMINAL CHARGES ARE
FILED
PAUL G. CASSELL*
NATHANAEL J. MITCHELL**&
BRADLEY J. EDWARDS***
This Article addresses whether crime victims should have rights during
criminal investigations, using the Crime Victims’ Rights Act (CVRA) as the
focal point for our discussion. This is a critical issue, as many criminal
cases may never proceed to formal charging. If crime victims have no
rights during criminal investigations, then many crime victims will never
have any rights at all.
The issue of whether crime victims have rights in the criminal justice
process recently came to a head when the Justice Department released a
memorandum contending that the CVRA does not extend crime victims any
rights until prosecutors choose to file formal criminal cha

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