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![handle is hein.congcourts/crivira0001 and id is 1 raw text is: The Crime Victims' Rights Act of 2004 and the Federal Courts
Federal Judicial Center, March 4, 2008*
I. Overview of the Act, 1
II. Benchbook Sections Affected by the CVRA, 2
III. Other Issues That May Arise Under the CVRA, 7
IV. Case Summaries, 11
V. Text of 18 U.S.C. § 3771, 22
I. Overview of the Act
As part of the Justice For All Act of 2004, Pub. L. No. 108-405, 118 Stat. 2260
(effective Oct. 30, 2004), victims of federal crimes were given significantly
expanded rights in the Scott Campbell, Stephanie Roper, Wendy Preston,
Louarna Gillis, and Nila Lynn Crime Victims' Rights Act (CVRA). The CVRA set
forth these rights in newly enacted 18 U.S.C. § 3771, which also placed on the
federal courts a duty to ensure that victims are afforded those rights. Section
3771 effectively replaces 42 U.S.C. § 10606 (Victims' Rights), now repealed by
the CVRA, which included a list of victims' rights but did not provide any means
of enforcement.
Among the rights given to victims by the CVRA are the right to be present at
public court proceedings involving the crime, section 377 1(a) (2) and (3), and the
right to be reasonably heard at any public proceeding in the district court
involving release, plea, sentencing, or any parole proceeding, sec-
tion 3771(a) (4). Up to now, victims have had a right to be heard only in limited
circumstances. For example, Fed. R. Crim. P. 32(i) (4) (B) allows any victim of a
crime of violence or sexual abuse who is present at sentencing ... to speak or
submit any information about the sentence. (Note: Effective Dec. 1, 2008, a
proposed amendment to Fed. R. Crim. P. 32(i)(4)(B) states that the sentencing
court must address any victim of the crime who is present at sentencing and
must permit the victim to be reasonably heard.
As did the prior statute, the CVRA directs Department of Justice personnel
(and personnel of other agencies, as appropriate) to make their best efforts to
see that crime victims are notified of, and accorded, the rights described in
subsection (a). Section 3771(c)(1). However, under section 3771(d)(1), crime
victims are now authorized to assert those rights independently. In addition, the
federal district courts themselves are now directed, [i]n any court proceeding
involving an offense against a crime victim, [to] ensure that the crime victim is
afforded the rights described in subsection (a). 18 U.S.C. § 3771(b) (1).
In an amendment effective July 27, 2006, new section 3771(b) (2) (A) provides
that [i]n a Federal habeas corpus proceeding arising out of a State conviction,
* This document will be updated periodically as warranted by additional case law or legislative
changes. Readers should check the Center's website on the courts' intranet at cwn.fjc.dcn to be
sure they have the most current version.
This publication was undertaken in furtherance of the Center's statutory mission to conduct
and stimulate research and development for the improvement of judicial administration. The
views expressed are those of the author and not necessarily those of the Federal Judicial Center.
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