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949 KB
Extraction Summary
2
People
5
Organizations
0
Locations
4
Events
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Relationships
8
Quotes
Document Information
Type:
Legal document
File Size:
949 KB
Summary
This legal document details the Department of Justice's (DOJ) process of interpreting and revising the Crime Victims' Rights Act (CVRA) guidelines between 2010 and 2011. The central issue was the point at which victims' rights become active, with the DOJ's Office of Legal Counsel (OLC) maintaining that rights only vest after formal criminal charges are filed. This position was challenged in a November 2011 letter by CVRA co-sponsor Senator Jon Kyl, who argued to Attorney General Eric Holder that the DOJ's 2011 revised guidelines conflicted with the law's plain language by not extending rights to victims before charges were filed.
People (2)
| Name | Role | Context |
|---|---|---|
| Jon Kyl | U.S. Senator |
Mentioned as a co-sponsor of the CVRA who sent a letter to Attorney General Eric Holder arguing that the 2011 Guideli...
|
| Eric Holder | Attorney General |
Recipient of a letter from U.S. Senator Jon Kyl regarding the 2011 Guidelines revisions for the CVRA.
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Organizations (5)
| Name | Type | Context |
|---|---|---|
| Department of Justice | government agency |
Referred to as "the Department," it undertook efforts in 2010-2011 to update its 2005 Guidelines regarding the Crime ...
|
| Office of the Deputy Attorney General | government agency |
Convened a Victim of Crimes Working Group as part of the Department's 2010 effort to update its guidelines.
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| Victim of Crimes Working Group | government working group |
A group convened by the Office of the Deputy Attorney General that asked the OLC to revisit its 2005 review of the CVRA.
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| Office of Legal Counsel | government agency |
Referred to as "OLC," it is a component of the Department of Justice that issued a December 17, 2010 opinion on when ...
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| Congress | government agency |
Mentioned in the section heading "Department and Congressional Actions Regarding Interpretation of the CVRA."
|
Timeline (4 events)
2010
The Department of Justice began an effort to update its 2005 Guidelines for the CVRA, which involved convening a working group and soliciting input.
2010-12-17
The Office of Legal Counsel (OLC) issued an opinion reaffirming that CVRA rights do not vest until a criminal charge is filed.
2011-10
The Department of Justice revised the 2005 Guidelines, adding language about victim consultation in pre-charge plea negotiations but maintaining the position that rights vest after charges are filed.
2011-11-02
U.S. Senator Jon Kyl sent a letter to Attorney General Eric Holder criticizing the 2011 Guidelines revisions.
Relationships (1)
Senator Jon Kyl, a legislator and co-sponsor of the CVRA, sent a letter to Attorney General Eric Holder to formally object to the Department of Justice's interpretation and implementation of the CVRA, demonstrating a relationship of legislative oversight over an executive department.
Key Quotes (8)
"crime victim"Source
— N/A
(The definition of this term under the CVRA was reviewed by the OLC.)
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Quote #1
"The Availability of Crime Victims’ Rights Under the Crime Victims’ Rights Act of 2004"Source
— Office of Legal Counsel (OLC)
(The title of the opinion issued by OLC on December 17, 2010.)
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Quote #2
"CVRA rights do not vest until a criminal charge has been filed (by complaint, information, or indictment) and the rights cease to be available if “all charges are dismissed either voluntarily or on the merits (or if the [g]overnment declines to bring formal charges after the filing of a complaint).”"Source
— Office of Legal Counsel (OLC)
(The conclusion of the OLC's 2005 review, which was reaffirmed in its 2010 opinion.)
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Quote #3
"In circumstances where plea negotiations occur before a case has been brought, Department policy is that this should include reasonable consultation prior to the filing of a charging instrument with the court."Source
— Department of Justice
(Language added in the 2011 revision to the Guidelines concerning victim consultation.)
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Quote #4
"should"Source
— Department of Justice
(The use of this word in the 2011 Guidelines is noted to indicate an expectation of action by personnel.)
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Quote #5
"personnel are expected to take the action . . . unless there is an appropriate, articulable reason not to do so."Source
— Department of Justice
(The interpretation of the word "should" in the 2011 Guidelines.)
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Quote #6
"conflict[ed] quite clearly with the CVRA’s plain language"Source
— Jon Kyl
(Senator Kyl's argument in his letter to Attorney General Holder regarding the 2011 Guidelines revisions.)
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Quote #7
"not extend any rights to victims until charges have been filed."Source
— Jon Kyl
(Senator Kyl's characterization of the effect of the 2011 Guidelines.)
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Quote #8
Full Extracted Text
Complete text extracted from the document (3,673 characters)
Case 22-1426, Document 78, 06/29/2023, 3536039, Page13 of 217
SA-267
Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 267 of 348
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Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 267 of 348
F. 2010 – 2011: Department and Congressional Actions Regarding Interpretation of the CVRA
In connection with the Department’s 2010 effort to update its 2005 Guidelines, the Office of the Deputy Attorney General convened a Victim of Crimes Working Group that asked OLC to revisit its 2005 preliminary review concerning the definition of “crime victim” under the CVRA and solicited input concerning the issue from Department components and federal law enforcement agencies. In response, OLC issued a December 17, 2010 opinion entitled, The Availability of Crime Victims’ Rights Under the Crime Victims’ Rights Act of 2004. Based on the CVRA’s language, relevant case law, and memoranda opinions from Department components, OLC reaffirmed its 2005 conclusion that CVRA rights do not vest until a criminal charge has been filed (by complaint, information, or indictment) and the rights cease to be available if “all charges are dismissed either voluntarily or on the merits (or if the [g]overnment declines to bring formal charges after the filing of a complaint).”³⁷⁸
After OLC issued its opinion, the Department revised the 2005 Guidelines in October 2011 but did not change its fundamental position that the CVRA rights did not vest until after criminal charges were filed. The 2011 revision did, however, add language concerning victim consultation before a defendant is charged: “In circumstances where plea negotiations occur before a case has been brought, Department policy is that this should include reasonable consultation prior to the filing of a charging instrument with the court.”³⁷⁹ The use of the word “should” in the 2011 Guidelines indicates that “personnel are expected to take the action . . . unless there is an appropriate, articulable reason not to do so.”³⁸⁰ Nevertheless, the required consultation “may be general in nature” and “does not have to be specific to a particular plea offer.”³⁸¹ The revisions also specified that AUSAs were to ensure that victims had a right to be reasonably heard at plea proceedings.³⁸²
On November 2, 2011, U.S. Senator Jon Kyl, a co-sponsor of the CVRA, sent a letter to Attorney General Eric Holder, arguing that the 2011 Guidelines revisions “conflict[ed] quite clearly with the CVRA’s plain language” because the 2011 Guidelines did “not extend any rights to victims until charges have been filed.” The Department’s response emphasized that the
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³⁷⁸ OLC “express[ed] no opinion” as to whether it is a matter of “good practice” to inform victims of their CVRA rights prior to the filing of a complaint or after the dismissal of charges.
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³⁷⁸ OLC “express[ed] no opinion” as to whether it is a matter of “good practice” to inform victims of their CVRA rights prior to the filing of a complaint or after the dismissal of charges.
³⁷⁹ See 2011 Guidelines, Art. V, ¶ G.2, available at https://www.justice.gov/sites/default/files/olp/docs/ag_guidelines2012.pdf. In its 2011 online training video regarding the Guidelines, the Department encouraged such consultation when reasonable, but it also continued to maintain that there was no CVRA right to confer for pre-indictment plea negotiations.
³⁸⁰ See 2011 Guidelines, Art. I, ¶ B.2.
³⁸¹ See 2011 Guidelines, Art. V, ¶ G.2.
³⁸² The 2005 Guidelines contained no specific provision requiring AUSAs to ensure that victims were able to exercise their right to be reasonably heard at plea proceedings, only at sentencing. See 2005 Guidelines, Art. IV, ¶ C.3.b.(2). However, the 2005 Guidelines generally require AUSAs to use their best efforts to comply with the CVRA, and the CVRA specifically affords victims the right to be heard at plea proceedings. The 2011 revision remedied this omission.
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