• America1 posted an update in the group Group logo of Major County Sheriffs of America (MCSA)Major County Sheriffs of America (MCSA) 5 years, 1 month ago

    A. ASSERTED: 18 U.S. Code § 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.

    (9) The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.

    (10) The right to be informed of the rights under this section and the services described in section 503(c) of the Victims’ Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) and provided contact information for the Office of the Victims’ Rights Ombudsman of the Department of Justice.

    (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 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.

    (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 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, unless the litigants, with the approval of the court, have stipulated to a different time period for consideration. In deciding such application, the court of appeals shall apply ordinary standards of appellate review. In no event shall proceedings be stayed or subject to a continuance of more than five days for purposes of enforcing this chapter.
    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 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 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 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:

    (1) Court of appeals. —The term “court of appeals” means—

    (A) the United States court of appeals for the judicial district in which a defendant is
    being prosecuted; or

    (B) for a prosecution in the Superior Court of the District of Columbia, the District of Columbia Court of Appeals.

    (2) Crime victim. —

    (A) In general. —
    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.

    (B) Minors and certain other victims. —
    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, but in no event shall the defendant be named as such guardian or representative.

    (3) District court; court. —
    The terms “district court” and “court” include the Superior Court of the District of Columbia.

    (f) Procedures To Promote Compliance. —

    (1) Regulations. —
    Not later than 1 year after the date of enactment of this chapter, 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.

    B. ASSERTED: 18 U.S.C. § 1512 – Witness, Victim, & Informant Tampering

    (a)

    (1) Whoever kills or attempts to kill another person, with intent to—

    (A) prevent the attendance or testimony of any person in an official proceeding;

    (B) prevent the production of a record, document, or other object, in an official proceeding; or

    (C) prevent the communication by any person to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3).

    (2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to—

    (A) influence, delay, or prevent the testimony of any person in an official proceeding;

    (B) cause or induce any person to—

    (i) withhold testimony, or withhold a record, document, or other object, from an official proceeding;

    (ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding;

    (iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or

    (iv) be absent from an official proceeding to which that person has been summoned by legal process; or

    (C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings; shall be punished as provided in paragraph (3).

    (3) The punishment for an offense under this subsection is—

    (A) in the case of a killing, the punishment provided in sections 1111 and 1112;

    (B) in the case of—

    (i) an attempt to murder; or

    (ii) the use or attempted use of physical force against any person;
    imprisonment for not more than 30 years; and

    (C) in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years.

    (b) Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—

    (1) influence, delay, or prevent the testimony of any person in an official proceeding;

    (2) cause or induce any person to—

    (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding;

    (B) alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding;

    (C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or

    (D) be absent from an official proceeding to which such person has been summoned by legal process; or

    (3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation? supervised release,, parole, or release pending judicial proceedings; shall be fined under this title or imprisoned not more than 20 years, or both.

    (c) Whoever corruptly—

    (1) alters, destroys, mutilates, or conceals a record, document,

    or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or

    (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,

    shall be fined under this title or imprisoned not more than 20 years, or both.

    (d) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from—

    (1) attending or testifying in an official proceeding;

    (2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation
    1
    supervised release,, 1
    parole, or release pending judicial proceedings;

    (3) arresting or seeking the arrest of another person in connection
    with a Federal offense; or

    (4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding; or attempts to do so, shall be fined under this title or imprisoned not more than 3 years, or both.

    (e) In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant’s sole intention was to encourage, induce, or cause the other person to testify truthfully.

    (f) For the purposes of this section—

    (1) an official proceeding need not be pending or about to be instituted at the time of the offense; and

    (2) the testimony, or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.

    (g) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance—

    (1) that the official proceeding before a judge, court, magistrate judge, grand jury, or government agency is before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a Federal grand jury, or a Federal Government agency; or

    (2) that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Government or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant.

    (h) There is extraterritorial Federal jurisdiction over an offense under this section.

    (i) A prosecution under this section or section 1503 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred.

    (j) If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.

    (k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

    C. ASSERTED: 18 U.S.C. § 1513 – Witness, Victim, & Informant Retaliation

    (a)

    (1) Whoever kills or attempts to kill another person with intent to retaliate against any person for—

    (A) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or

    (B) providing to a law enforcement officer any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings,

    shall be punished as provided in paragraph (2).

    (2) The punishment for an offense under this subsection is—

    (A) in the case of a killing, the punishment provided in sections 1111 and 1112; and

    (B) in the case of an attempt, imprisonment for not more than 30 years.

    (b) Whoever knowingly engages in any conduct and thereby causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for—

    (1) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or

    (2) any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings given by a person to a law enforcement officer;

    or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.

    (c) If the retaliation occurred because of attendance at or testimony in a criminal case, the maximum term of imprisonment which may be imposed for the offense under this section shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.

    (d) There is extraterritorial Federal jurisdiction over an offense under this section.

    (e) Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to

    the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both.

    (f) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

    (g) A prosecution under this section may be brought in the district in which the official proceeding (whether pending, about to be instituted, or completed) was intended to be affected, or in which the conduct constituting the alleged offense occurred.

    ****REMEMBER****AMERICAS****IRON****DAMN****RICO****JAWS*********************************

    The defendant(s) in violation to the Hobbs Act, 18 U.S.C § 1951(a), is a RICO Predicate offense because Section 1951(a) expressly makes conspiracy a crime. Because of the effect of 18 U.S.C. § 2, however, one who aids and abets the commission of a federal crime is treated as if “They” had committed the crime as a principal and can be charged under RICO if the crime is one set forth in Section 1961(1)(B)-(G). 35 (“aiding and abetting one of the activities listed in Section 1961(1) as racketeering activities makes one punishable as a principal and amounts to engaging in that racketeering activity.”) II.I.JI. JI. I.

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