would operate a 467-km main line with possibly four branch lines, plus the so-called Sierra Madre Line linking Cagayan with Ilocos and the Kalinga-Tabuk and Ifugao-Banawe lines.
Courts Recognize That Crime Victims Have CVRA Rights
OLC's Misreading of the CVRA's Definition of "Victim"
(290) On the other hand, the same federal statute explains that none of the rights guaranteed to victims "shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction." (291) Accordingly, while some courts have held that "[t]here are clearly rights under the CVRA that apply before any prosecution is underway," (292) other courts have wavered when it comes to precharge prosecution agreements.
2008) (opining that the CVRA may provide a cause of action in federal court for victims even in the absence of a criminal prosecution).
(188) Promptvario moral de qvestiones practicas y casos repentinos de la teologia moral para examen de cvras y confesores, 1677; Practica de cvras y confessores y doctrina para penitentes: en qve con mvcha ervdicion y singvlar claridad se tratan todas las materias de teologia moral ..., 1681 [con ex-l.
(203) Directorivm cvratorvm o instrvcion de cvras, vtily prouechoso para los q[ue] tienen cargo de animas, 1581.
Feinstein) (urging passage of the CVRA
because "the scales of justice are out of balance"); PRESIDENT'S TASK FORCE ON VICTIMS OF CRIME, FINAL REPORT, supra note 247, at 114 (finding that the justice system lost its "essential balance" by disserving victims).
To implement the CVRA
, the Department of Justice (DOJ) and the federal judiciary have, among other things, revised internal guidelines, trained DOJ staff and judges, provided victims with emergency, temporary housing to protect them, and proactively asked victims if they would like to speak in court.
Madison (1) Chief Justice Marshall wrote, "The province of the court is, solely, to decide on the rights of individuals, not to enquire how the executive, or executive officers, perform duties in which they have a discretion." (2) Two centuries later, in 2004, Congress disrupted that division of power when it passed the Crime Victims' Rights Act (CVRA), (3) forcing courts both to step beyond deciding the rights of individuals and to second-guess executive discretion.
Prior to the CVRA, for example, the prosecution of Dan Rubin for securities fraud would have been unremarkable.