Law of Unintended Consequences at Work Again!

[lawrocket 3]

Back in October, 2004, the "Justice for All Act" created some news by implementing new DNA technology. It also provides new rights to victims of crime,like: the right to reasonable notice of court proceedings; to be heard on issues of release, plea, sentencing, parole, etc; and a right to "full and timely" restitution.

Sounds nice, eh? In most cases it's pretty simple. But, what if you are an investor who was bilked by a company? What if you are an employee of shareholder in Tyco or Adelphia or Enron Worldcaom?

For each of these cases, there could be hundreds or thousands of people who need to be found and notified of these things. Could you imagine trying to locate them and give them all notice of hearings? Prosecutors who do not follow these rules are required to be disciplined.

So, I think you may find cases arising where there is a conflict between the right to a speedy trial for the defendants and the right of the victims to be informed. What does a prosecutor do then?

Adelphia had a 715 million dollar settlement fund. Based on this law, many objeted to it because that amount of money would not provide "full" restitution. Thus, the prosecutors had to go to court to get the judge to approve it and let the court know how hard it would be to calculate individual damages. So the judge relaxed the notification standards (pursuant to the law, by the way).

Don't you just love grandstanding politics?

My wife is hotter than your wife.

[EricTheRed 0]

I may be wrong but wouldn't "reasonable notice" include publishing the basic info in a national forum like they do forfiture notices?

illegible usually

[JohnRich 4]

Quote

For each of these cases, there could be hundreds or thousands of people who need to be found and notified of these things.

That would be the exception though. The large majority of cases just have one victim, and they certainly deserve to be notified of all court proceedings regarding the person who victimized them.

For large cases with mass victims, there should be an alternative form of notification, like publishing ads in newspapers, or something.

[lawrocket 3]

Well, John, you are right on that. at least I think so. I believe that the DOJ is publishing guidelines that would make internet forums something to consider.

However, there are still issues with this. What if 500 people wish to be heard on a case? It'll take 4 months to get all those people heard. And what does that do to other cases on the docket? If the other cases are given preference, then you're looking at a year and a half for all to be heard.

This is an actual problem the DOJ is dealing with, and not some "what if" scenario I'm thinking of.

My wife is hotter than your wife.