A Legal Analysis: Roberta Roper’s Experience had the Crime Victims’ Rights Act Existed
No directly quoted material may be used in this project paper.
As you learned, Roberta Roper described the experience as a victim navigating a criminal justice system when many victims’ rights law did not yet exists. For this assignment, you are to assume that the Crime Victims’ Rights Act is in effect during the prosecution of the two individuals arrested and charged with Stephanie’s murder (for purposes of this assignment we are assuming the case was being prosecuted in federal court and, therefore, the federal CVRA would apply).
Required Analysis: You are to assume the role of the law clerk working for the judge presiding over this case. The judge has asked that you write a memo providing an analysis of the following legal issues:
- Explain what rights have been violated based on Roberta’s description of how she has experienced the trial and who is responsible for the violations based on the CVRA?
- Who is obligated under the CVRA to ensure that victims are made aware of their rights and connected to independent legal counsel? If the victim in the case in not present, what can a judge do to ensure they were given notice of the trial and advised of the right to be present and heard?
- Who is required to ensure that victims are afforded an opportunity to assert (raise to the court) their rights? What could this process look like during a criminal prosecution?
- Why would the CVRA contemplate that both the victims’ lawful representative and the attorney for the Government may assert the rights?
- Under the CVRA, what would be required in order to Roberta to seek enforcement of the rights violations you identified in 1 above?
- What options for accountability are their when a criminal justice professional who is obligated to comply with the rights in the CVRA does not do so? What would this require of the victim(s) who experienced the violations?
Required Support: You must cite to course materials to support your analysis in your memo. Your memo should include a References Page with at least 3 resources from the course using the American Psychological Association (APA) formatting standards. Refer to the APA information found in Content -> Course Overview -> Course Resources.
