victims.”° The decision by state legislators to extend notification or
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2014] CRIME VICTIMS’ RIGHTS 103
victims.”° The decision by state legislators to extend notification or
conferral rights to crime victims demonstrates an express recognition that
crime victims’ meaningful participation in the criminal justice process may
involve granting those victims rights before indictment.
CONCLUSION
Crime victims have important rights at stake in the criminal justice
process, even before prosecutors formally file criminal charges. It is hardly
surprising, therefore, to find that a federal law that Congress in fact
designed to create “broad and encompassing” rights for victims protects
victims during a criminal investigation. As this Article has explained,
interpreting the CVRA to cover crime victims during the pre-charging
phase of a case is consistent with the statute’s purposes, text, legislative
history, and interpretive case law. And state criminal justice systems also
appear to be moving in that direction.
The Justice Department’s contrary interpretation seems unlikely to
prevail when challenged. The CVRA signals a paradigm shift in the way
that crime victims are to be treated, at least within the federal criminal
justice system. Before enactment of the law, federal investigators and
prosecutors might have been able to keep victims at arm’s length, refusing
to confer with them about the case and otherwise ignoring or even
mistreating them during the process. But those days are over. The CVRA
promises victims that they now have the right to confer with prosecutors
and the right to be treated fairly while their cases are investigated. It is time
for the Department of Justice to recognize and embrace that new reality.
°55 See Jeffrey A. Pamess et al., Monetary Recoveries for State Crime Victims, 58 CLEV.
St. L. REv. 819, 850 (2010); Tobolowsky, supra note 221, at 59 (describing a “significant
expansion of victim rights to be consulted by the prosecutor and heard by the court”).
HOUSE_OVERSIGHT_014082
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