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In The Courts

By ALM Staff | Law Journal Newsletters |
February 27, 2006

Ninth Circuit: Crime Victims' Rights Act Requires That Victims Be Given Opportunity to Speak At Sentencing

In Kenna v. United States District Court for the Central District of California, 05-73467 (9th Cir. Jan. 20, 2006), the Ninth Circuit held that it was error for the district court to refuse to allow the victims of a fraudulent scheme to speak at the perpetrator's sentencing hearing. Writing for the majority in the first circuit court case to interpret the Crime Victims' Rights Act (CVRA), 18 U.S.C. ' 3771, Judge Kozinski noted that although historically victims were treated like Victorian children — to be seen but not heard — the CVRA makes victims “independent participants in the criminal justice process.” The court issued a writ of mandamus directing the district court to hear petitioner's motion to reopen the hearing so that he may be heard.

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