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ARTICLE: Recognizing Victims in the Federal Rules of Criminal Procedure: Proposed Amendments in Light of the Crime Victims' Rights Act

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User Name: DAVID SCHOEN
Date and Time: Thursday, February 28, 2019 10:28:00 AM EST
Job Number: 83852970
Document (1)
1. ARTICLE: Recognizing Victims in the Federal Rules of Criminal Procedure: Proposed Amendments in Light
of the Crime Victims' Rights Act, 2005 B.Y.U.L. Rev. 835
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DAVID SCHOEN
ARTICLE: Recognizing Victims in the Federal Rules of Criminal Procedure: Proposed
Amendments in Light of the Crime Victims' Rights Act
Reporter
2005 B.Y.U.L. Rev. 835 *
2005
Length: 36451 words
Author: Paul G. Cassell*
* Professor of Law for the S.J. Quinney College of Law of the University of Utah and United States District Court Judge for
the District of Utah. Thanks to Doug Beloof, Janna Tucker Davis, Meg Garvin, Wendy Murphy, Judge James Orenstein, and
Steve Twist; to my able law clerks Ann Bauer, Tim Conde, Tyler Green, Felise Thorpe Moll, Justin Starr, and Stewart Young;
and especially to my wife Trish for all her support. I write this article as a law professor, not as a judge. It is not intended to
comment on any pending cases and implies no positive commitment on legal issues that may arise in cases that come before me
in my court.
Text
[*837]
I. Introduction
Crime victims are virtually absent from the Federal Rules of Criminal Procedure. The sixty federal rules comprehensively
cover every aspect of federal criminal proceedings - from initial appearance through preliminary hearing, arraignment,
acceptance of pleas, trial, and sentencing. Yet the rules substantively mention victims only once, briefly recognizing the right
of some victims to speak at sentencing. 1
The federal rules can no longer leave victims unmentioned. In October 2004, Congress passed and President Bush signed into
law the Scott Camp

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