| --- |
| title: "House Oversight: Estate Documents (Nov 12) (HOUSE_OVERSIGHT_017755)" |
| source: "House Oversight: Estate Documents (Nov 12)" |
| sourceUrl: "https://www.justice.gov/epstein" |
| date: "2026-01-01" |
| category: "House Oversight" |
| eftaNumber: "HOUSE_OVERSIGHT_017755" |
| ocrPages: 1 |
| ocrChars: 4548 |
| ocrElapsed: 0.0 |
| parseTier: "external-legacy" |
| engine: "engine undisclosed (ep-nov-12.greg.technology mirror)" |
| externalSource: "greg-ep-nov-12" |
| externalLicense: "not granted" |
| externalCredit: "ep-nov-12.greg.technology" |
| externalUrl: "https://ep-nov-12.greg.technology" |
| --- |
| |
| Page 41 of 52 |
| 2005 B. Y.U.L. Rev. 835, *904 |
| [*905] without proper notice to a victim only if doing so is in the interest of justice, the court provides prompt notice to that |
| victim of the court's action and of the victim's right to seek reconsideration of the action if a victim's right is affected, and the |
| court ensures that notice will be properly provided to that victim for all subsequent public proceedings. |
| (c) Numerous Victims. If the court finds that the number of victims makes it impracticable to accord all of the victims the right |
| to be present, the court shall fashion a reasonable procedure to facilitate victims' attendance. |
| (d) Right To Be Heard on Victims' Issues. In addition to rights to be heard established elsewhere in these rules, at any public |
| proceeding at which a victim has the right to attend, the victim has the right to be heard on any matter directly affecting a |
| victim's right. |
| The Rationale: |
| The rules should reflect the CVRA's command that victims have the right to attend public proceedings in all but the most |
| unusual circumstances. The CVRA guarantees victims the right to attend a 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 |
| a victim, and the trial, too, may be extremely important. Victims deserve to see in person whether justice is being done and |
| should be exempted from the rule requiring trial witnesses to sit outside the courtroom. 278 The CVRA adopts this approach by |
| allowing crime victims, in the vast majority of cases, to attend the hearings and trial of the case involving their victimization. |
| This is so important because crime victims share an interest with the [*906] government in seeing that justice is done in a |
| criminal case and this interest supports the idea that victims should not be excluded from public criminal proceedings, whether |
| these are pretrial, trial, or post-trial proceedings. 279 |
| Most states have also adopted language affirming a victim's right to attend court proceedings, including the trial. |
| 280 |
| One way of addressing the victim's right to attend would be to leave the matter to the Federal Rules of Evidence. Federal Rule |
| of Evidence 615 - the so-called "rule on witnesses" - requires exclusion of witnesses with certain exceptions, including the |
| fourth exception for "a person authorized by statute to be present." 281 This exception was added to cover crime victims, |
| 277 18 U.S. C.A. 3771(a)(3) (West 2004 & Supp. 2005). |
| 278 See generally President's Task Force on Victims of Crime, Final Report 80 (1982) (urging that victims be able to attend trial); Douglas E. |
| Beloof & Paul G. Cassell, The Victim's Right To Attend the Trial: The Reascendant National Consensus, 9 Lewis & Clark L. Rev. 481 (2005) |
| (developing this argument at length). |
| 279 150 Cong. Rec. S4268 (daily ed. Apr. 22, 2004) (statement of Sen. Kyl). |
| to be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present."); Colo. Const. |
| if such person is deceased, shall have the right to be heard when relevant, informed, and present at all critical stages of the criminal justice |
| process." (emphasis added)); Idaho Const. art. I, 22 ("A crime victim, as defined by statute, has the following rights: ... (4) to be present at all |
| criminal justice proceedings ....") (emphasis added); La. Const. art. I, 25 ("As defined by law, a victim of crime shall have the right to ... be |
| present ... during all critical stages of preconviction ... proceedings ..." (emphasis added)); Mich. Const. art. I, 24 ("Crime victims ... shall |
| have the following rights ….. The right to attend trial and all other court proceedings the accused has the right to attend." (emphasis added)); |
| Miss. Const. Ann. art. III, 26A (2000) ("Victims of crime ... shall have the right ... to be present ... when authorized by law, during public |
| hearings." (emphasis added)); Mo. Const. art. I, 32 ("Crime victims, as defined by law, shall have the following rights ... (1) the right to be |
| present at all criminal justice proceedings at which the defendant has such right...." (emphasis added)); Miss. Code Ann. 99-43-21 (2000) |
| ("The victim has the right to be present throughout all criminal proceedings as defined in Section 99-43-1." (emphasis added)). See generally |
| Beloof & Cassell, supra note 278, (collecting all state statutes and rules pertaining to the victim's right to attend). |
| 281 Fed. R. Evid. 615(4). |
| DAVID SCHOEN |
| HOUSE_OVERSIGHT_017755 |
| |
