Abstract

http://ssrn.com/abstract=2262857
 


 



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


Paul G. Cassell


University of Utah - S.J. Quinney College of Law

Nathanael J. Mitchell


University of Utah - S.J. Quinney College of Law

2013

Journal of Criminal Law and Criminology, Forthcoming
University of Utah College of Law Research Paper No. 26

Abstract:     
In recent years, federal and state enactments have given crime victims extensive rights to participate in criminal cases. Many of these rights apply only after the filing of criminal charges, such as the victim’s right to be heard during court proceedings. A crime victim's right to deliver an impact statement at sentencing, for instance, can only be exercised after the prosecutor has filed charges against a defendant and obtained a conviction. Other rights, however, could apply even before the formal filing of charges. As one example, the federal Crime Victim’s Rights Act (CVRA) extends to crime victims the right to “confer” with prosecutors. Can victims exercise this right even before charges have been filed?

Number of Pages in PDF File: 44

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Date posted: May 10, 2013 ; Last revised: June 4, 2013

Suggested Citation

Cassell, Paul G. and Mitchell, Nathanael J., Crime Victims’ Rights During Criminal Investigations? Applying the Crime Victims’ Rights Act Before Criminal Charges Are Filed (2013). Journal of Criminal Law and Criminology, Forthcoming; University of Utah College of Law Research Paper No. 26. Available at SSRN: http://ssrn.com/abstract=2262857

Contact Information

Paul G. Cassell (Contact Author)
University of Utah - S.J. Quinney College of Law ( email )
332 S. 1400 East Front
Salt Lake City, UT 84112-0730
United States
801-585-5202 (Phone)
801-581-6897 (Fax)

Nathanael J. Mitchell
University of Utah - S.J. Quinney College of Law ( email )
332 S. 1400 East Front
Salt Lake City, UT 84112-0730
United States

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