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CRIMINAL LAW: CRIME VICTIMS' RIGHTS DURING CRIMINAL INVESTIGATIONS? APPLYING THE CRIME VICTIMS' RIGHTS ACT BEFORE CRIMINAL CHARGES ARE FILED

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User Name: DAVID SCHOEN
Date and Time: Thursday, February 28, 2019 10:26:00 AM EST
Job Number: 83852792
Document (1)
1. CRIMINAL LAW: CRIME VICTIMS' RIGHTS DURING CRIMINAL INVESTIGATIONS? APPLYING THE
CRIME VICTIMS' RIGHTS ACT BEFORE CRIMINAL CHARGES ARE FILED, 104 J. Crim. L. & Criminology
59
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Search Terms: cvra and sixth amendment
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DAVID SCHOEN
CRIMINAL LAW: CRIME VICTIMS' RIGHTS DURING CRIMINAL
INVESTIGATIONS? APPLYING THE CRIME VICTIMS' RIGHTS ACT BEFORE
CRIMINAL CHARGES ARE FILED
Reporter
104 J. Crim. L. & Criminology 59 *
Winter, 2014
Length: 23898 words
Author: PAUL G. CASSELL*, NATHANAEL J. MITCHELL** and BRADLEY J. EDWARDS***
* Ronald N. Boyce Presidential Professor of Criminal Law, S.J. Quinney College of Law at the University of Utah.
** Associate, Snow, Christensen & Martineau (Salt Lake City, Utah).
*** Partner, Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman (Fort Lauderdale, Fla.). The authors thank Douglas Beloof,
Patricia Cassell, Meg Garvin, Jay Howell, James Marsh, and Stephen Twist for their assistance with this Article.
Highlight
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 charges. This led the CVRA's Senate cosp

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