The Crime Victims’
Rights Act of 2004
Passages highlighted in red are the primary focus of Ritchie Capital Management's CVRA litigation in U.S. v. Thomas Petters, et al. See Ritchie's mandamus petitions and certiorari petition, Ritchie Special Credit Investments, Ltd., et al., Petitioners v. Thomas Petters, et al.,
S.Ct. # 10-738.
18
U.S.C. § 3771. Crime
victims' rights
(a) Rights of crime victims. A crime victim has the following rights:
(1) The right to be reasonably
protected from the accused.
(2) The right to reasonable, accurate, and timely notice of
any public court proceeding, or any parole proceeding, involving the crime or
of any release or escape of the accused.
(3) The right not to be excluded from any such public court
proceeding, unless the court, after receiving clear and convincing evidence,
determines that testimony by the victim would be materially altered if the
victim heard other testimony at that proceeding.
(4) The right to be reasonably heard at any public proceeding
in the district court involving release, plea, sentencing, or any parole
proceeding.
(5) The reasonable right to confer with the attorney for the
Government in the case.
(6) The right to full and timely restitution as provided in
law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect
for the victim's dignity and privacy.
(b) Rights afforded.
(1) In general. In any court proceeding involving an offense
against a crime victim, the court shall ensure that the crime victim is
afforded the rights described in subsection (a). Before making a determination
described in subsection (a)(3), the court shall make
every effort to permit the fullest attendance possible by the victim and shall
consider reasonable alternatives to the exclusion of the victim from the
criminal proceeding. The reasons for any decision denying relief under this
chapter shall be clearly stated on the record.
(2) Habeas corpus proceedings.
(A) In general. In a Federal habeas corpus
proceeding arising out of a State conviction, the court shall ensure that a
crime victim is afforded the rights described in paragraphs (3), (4), (7), and
(8) of subsection (a).
(B) Enforcement.
(i)
In general. These rights may be enforced by the crime victim or the crime
victim's lawful representative in the manner described in paragraphs (1) and
(3) of subsection (d).
(ii) Multiple victims. In
a case involving multiple victims, subsection (d)(2)
shall also apply.
(C) Limitation. This paragraph relates to the
duties of a court in relation to the rights of a crime victim in Federal habeas
corpus proceedings arising out of a State conviction, and does not give rise to
any obligation or requirement applicable to personnel of any agency of the
Executive Branch of the Federal Government.
(D) Definition. For purposes of this paragraph,
the term "crime victim" means the person against whom the State
offense is committed or, if that person is killed or incapacitated, that
person's family member or other lawful representative.
(c) Best efforts to accord rights.
(1) Government. Officers and employees of the Department of
Justice and other departments and agencies of the United States engaged in the
detection, investigation, or prosecution of crime shall make their best efforts
to see that crime victims are notified of, and accorded, the rights described
in subsection (a).
(2) Advice of attorney. The prosecutor shall advise the crime
victim that the crime victim can seek the advice of an attorney with respect to
the rights described in subsection (a).
(3) Notice. Notice of release otherwise required pursuant to
this chapter [this section] shall not be given if such notice may endanger the
safety of any person.
(d) Enforcement and limitations.
(1) Rights. The crime victim or the crime victim's lawful
representative, and the attorney for the Government may assert the rights
described in subsection (a). A person accused of the crime may not obtain any
form of relief under this chapter [this section].
(2) Multiple crime victims. In a case where the court finds
that the number of crime victims makes it impracticable to accord all of the
crime victims the rights described in subsection (a), the court shall fashion a
reasonable procedure to give effect to this chapter [this section] that does
not unduly complicate or prolong the proceedings.
(3) Motion for relief and writ of mandamus. The rights
described in subsection (a) shall be asserted in the district court in which a
defendant is being prosecuted for the crime or, if no prosecution is underway,
in the district court in the district in which the crime occurred. The district
court shall take up and decide any motion asserting a victim's right forthwith.
If the district court denies the relief sought, the movant
may petition the court of appeals for a writ of mandamus. The court of appeals
may issue the writ on the order of a single judge pursuant to circuit rule or
the Federal Rules of Appellate Procedure. The court of appeals shall take up
and decide such application forthwith within 72 hours after the petition has
been filed. In no event shall proceedings be stayed or subject to a continuance
of more than five days for purposes of enforcing this chapter [this section].
If the court of appeals denies the relief sought, the reasons for the denial
shall be clearly stated on the record in a written opinion.
(4) Error. In any appeal in a criminal case, the Government
may assert as error the district court's denial of any crime victim's right in
the proceeding to which the appeal relates.
(5) Limitation on relief. In no case shall a failure to
afford a right under this chapter [this section] provide grounds for a new
trial. A victim may make a motion to re-open a plea or sentence only if--
(A) the victim has asserted the right to be
heard before or during the proceeding at issue and such right was denied;
(B) the victim petitions the court of appeals
for a writ of mandamus within 14 days; and
(C) in the case of a plea, the accused has not
pled to the highest offense charged.
This paragraph does not affect the victim's right to
restitution as provided in title 18, United States Code.
(6) No cause of action. Nothing in this chapter [this
section] shall be construed to authorize a cause of action for damages or to
create, to enlarge, or to imply any duty or obligation to any victim or other
person for the breach of which the United States or any of its officers or
employees could be held liable in damages. Nothing in this chapter [this
section] shall be construed to impair the prosecutorial discretion of the
Attorney General or any officer under his direction.
(e) Definitions. For the purposes of this chapter [this section], the term
"crime victim" means a person directly and proximately harmed as a
result of the commission of a Federal offense or an offense in the District of
Columbia. In the case of a crime victim who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal guardians of the crime
victim or the representatives of the crime victim's estate, family members, or
any other persons appointed as suitable by the court, may assume the crime
victim's rights under this chapter [this section], but in no event shall the
defendant be named as such guardian or representative.
(f) Procedures to promote compliance.
(1) Regulations. Not later than 1 year after the date of
enactment of this chapter [enacted Oct. 30, 2004], the Attorney General of the
United States shall promulgate regulations to enforce the rights of crime
victims and to ensure compliance by responsible officials with the obligations
described in law respecting crime victims.
(2) Contents. The regulations promulgated under paragraph (1)
shall--
(A) designate an administrative authority within
the Department of Justice to receive and investigate complaints relating to the
provision or violation of the rights of a crime victim;
(B) require a course of training for employees
and offices of the Department of Justice that fail to comply with provisions of
Federal law pertaining to the treatment of crime victims, and otherwise assist
such employees and offices in responding more effectively to the needs of crime
victims;
(C) contain disciplinary sanctions, including
suspension or termination from employment, for employees of the Department of
Justice who willfully or wantonly fail to comply with provisions of Federal law
pertaining to the treatment of crime victims; and
(D) provide that the Attorney General, or the
designee of the Attorney General, shall be the final arbiter of the complaint,
and that there shall be no judicial review of the final decision of the Attorney
General by a complainant.