The Availability of Crime Victims' Rights Under the Crime Victims' Rights Act of 2004
Background
- CVRA rights are guaranteed only after the Government initiates criminal proceedings (complaint, information, or indictment) and cease if all charges are dismissed or the Government declines to prosecute after a complaint.
- CVRA defines “crime victim” as a person directly and proximately harmed by a Federal offense or DC offense.
- The Act provides eight rights and multiple enforcement mechanisms, including court relief, DOJ regulatory enforcement, and standing to enforce rights via motions.
- Court upholds reading that CVRA rights arise and are enforceable only within pending criminal proceedings, not for pre-charge investigations or private independent actions.
- Venue and enforcement provisions reflect the focus on ongoing prosecutions rather than pre-charge or post-dismissal periods.
- Legislative history and prior VRRA framework support restricting enforceable rights to times when an accused is being prosecuted with respect to a particular offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do CVRA rights attach before charges are filed? | Government argued pre-charge rights possible due to venue and defined terms. | Court reads rights as limited to pending proceedings, not pre-charge. | Rights attach only after charges are initiated. |
| Do CVRA rights cease if charges are declined or dismissed? | Rights persist through case until final disposition. | Rights terminate when charges are declined or dismissed. | Rights cease when all charges are dismissed or government declines to prosecute after filing. |
| Does §3771(a)(1) right to be reasonably protected apply pre-charge? | Possibility of protection during investigation suggested by VRRA contrast. | Protections tied to formal accusation and ongoing proceedings. | Applied only after initiation of criminal proceedings. |
| Does the right to confer with the Government’s attorney apply pre-charge? | Pre-charge discussions could inform victims about dispositions. | Right tied to case proceedings; pre-charge discussions not compelled by CVRA. | Conferring right applies with the case after charges are filed. |
| Is the right to fairness, dignity, and privacy limited to post-charge proceedings? | Fairness concerns could arise during investigations. | Right best read as tied to pending proceedings and context of other rights. | Applied only after filing of criminal charges. |
Key Cases Cited
- United Sav. Ass’n of Tex. v. Timbers of Inwood Forest Assocs. Ltd., 484 U.S. 365 (U.S. 1988) (statutory construction is a holistic endeavor)
- Michigan v. Jackson, 475 U.S. 625 (U.S. 1986) (formal accusation marks start of ‘accused’ status)
- In re Rendon Galvis, 564 F.3d 170 (2d Cir. 2009) (restitution context informs proximity requirement)
- In re Dean, 527 F.3d 391 (5th Cir. 2008) (pre-charge CVRA rights contested; unique procedural posture discussed)
- Bailey v. United States, 516 U.S. 137 (U.S. 1995) (superfluous words in statutory schemes; separate meanings of terms in CVRA context)