Latest news with #CrimeVictims'RightsAct
02-07-2025
Idaho murder case highlights limits of victims' input in plea bargains
The man charged in the stabbing deaths of four University of Idaho students in November 2022 has agreed to plead guilty, according to an attorney for a victim's family, but the family says it opposes any deal that would take the death penalty off the table. Shanon Gray, an attorney for the family of Kaylee Goncalves, said the family has requested that a change of plea hearing for Bryan Kohberger set for Wednesday be delayed so that families could travel to Boise to attend. The family of Ethan Chapin, another of those killed, supports the plea deal, said family spokesperson Christina Teves on Tuesday. Karen and Scott Laramie, the mother and stepfather of Madison Mogen, plan to make a statement through their attorney, Leander James, after the hearing. Relatives of Xana Kernodle did not immediately respond to interview requests. Prosecutors stressed in a letter to victims' families, obtained by ABC News, that they had met with available family members last week before extending the offer. What happens when surviving families of crime victims or victims themselves disagree with prosecutors? Here's a little more on what rights and recourse victims do and don't have in the U.S. and in Idaho. A movement to address the needs and well-being of victims of crime started in the 1970s and made grassroots advancements, like the first victims help hotline. Laws addressing the rights of crime victims followed in the '80s, '90s and 2000s, and are relatively new for the criminal justice landscape. The 2004 federal Crime Victims' Rights Act granted eight specific rights to victims in federal criminal cases including the right to be protected from the person accused of committing the crime, the right to reasonable and timely notice of proceedings, the right to restitution and the reasonable right to confer with the prosecution. States were left to pass laws that governed victims' rights for state-level criminal prosecutions. Every state has some form of law addressing the rights of crime victims that vary. Most, at minimum, provide the right to seek restitution or to be informed about court hearings in advance. Many states have passed larger packages sometimes called a victim bill of rights. 'Really, what these laws are designed to do is to make sure that victims are meaningful participants in the architecture of justice,' said Meg Garvin, the executive director of the National Crime Victim Law Institute. Idaho's Constitution outlines 10 rights of crime victims, including to be treated fairly and respectfully, the right to notification of case events and to attend those events, and the right to communicate with prosecutors, among others. It also specifically allows for victims 'to be heard, upon request, at all criminal justice proceedings considering a plea of guilty, sentencing, incarceration or release of the defendant, unless manifest injustice would result.' It was unclear Tuesday if any of the families had requested to make a statement at that hearing, but Garvin said that would be a meaningful opportunity for them to speak to the court. 'When a court decides to accept or reject a plea agreement, it has to be done in the interest of justice,' she said. 'It's a victim's right to have input in the prosecution, but also to make sure the court knows how they feel about a plea. The victims don't have control over the outcome, but they can offer something that helps the court analyze whether the plea is in the interest of justice.' Judges can reject plea agreements in Idaho, but it is a rare occurrence. The judge in Kohberger's case previously denied a defense attorney motion to remove the death penalty from consideration that had argued Kohberger's autism diagnosis made him less culpable. The right to confer covers a broad range of communication with prosecutors, but largely means being kept informed and participating as a case proceeds. That can mean having conversations before a bail hearing to propose conditions of a defendant being released that increase a victim's feeling of safety, or strategizing victim impact statements before sentencing. It does not mean that victims or their families get the final say in how prosecutors try a case or whether they can offer or approve a plea agreement. There is no appeals process for victims or families who disagree with a prosecutor's decision, but that doesn't mean there isn't recourse if a victim believes their rights have been violated. Garvin said not providing an opportunity for meaningful victim input can lead to courts reconsidering sentences or overturning outcomes and holding new hearings. She cited the recent case of Adnan Syed in Maryland, whose murder conviction had been vacated in 2022 after Baltimore prosecutors said they had uncovered issues with the initial prosecution. The victim's family later succeeded in getting the conviction reinstated after challenging the ruling on procedural grounds, arguing they didn't receive proper notice to attend the hearing that freed Syed from prison— a victims' rights violation. In the letter sent to the families of the Idaho victims Monday, prosecutors wrote, 'Your viewpoints weighed heavily in our decision-making process, and we hope that you may come to appreciate why we believe this resolution is in the best interest of justice.' Goncalves' family wrote in Facebook posts that family members had spoken to prosecutors multiple times from Friday to Monday to register their objections to a plea and explain their views about pushing for a conviction at trial and the death penalty. The statement said the Friday discussions were vague, and that the whole process moved incredibly fast despite nearly two years of preparations and waiting for a trial that had been scheduled to start in August.
Winnipeg Free Press
01-07-2025
- Winnipeg Free Press
Idaho murder case highlights limits of victims' input in plea bargains
The man charged in the stabbing deaths of four University of Idaho students in November 2022 has agreed to plead guilty, according to an attorney for a victim's family, but the family says it opposes any deal that would take the death penalty off the table. Shanon Gray, an attorney for the family of Kaylee Goncalves, said the family has requested that a change of plea hearing for Bryan Kohberger set for Wednesday be delayed so that families could travel to Boise to attend. The family of Ethan Chapin, another of those killed, supports the plea deal, said family spokesperson Christina Teves on Tuesday. Karen and Scott Laramie, the mother and stepfather of Madison Mogen, plan to make a statement through their attorney, Leander James, after the hearing. Relatives of Xana Kernodle did not immediately respond to interview requests. Prosecutors stressed in a letter to victims' families, obtained by ABC News, that they had met with available family members last week before extending the offer. What happens when surviving families of crime victims or victims themselves disagree with prosecutors? Here's a little more on what rights and recourse victims do and don't have in the U.S. and in Idaho. Generally, what rights do crime victims have? A movement to address the needs and well-being of victims of crime started in the 1970s and made grassroots advancements, like the first victims help hotline. Laws addressing the rights of crime victims followed in the '80s, '90s and 2000s, and are relatively new for the criminal justice landscape. The 2004 federal Crime Victims' Rights Act granted eight specific rights to victims in federal criminal cases including the right to be protected from the person accused of committing the crime, the right to reasonable and timely notice of proceedings, the right to restitution and the reasonable right to confer with the prosecution. States were left to pass laws that governed victims' rights for state-level criminal prosecutions. Every state has some form of law addressing the rights of crime victims that vary. Most, at minimum, provide the right to seek restitution or to be informed about court hearings in advance. Many states have passed larger packages sometimes called a victim bill of rights. 'Really, what these laws are designed to do is to make sure that victims are meaningful participants in the architecture of justice,' said Meg Garvin, the executive director of the National Crime Victim Law Institute. What rights are guaranteed in Idaho? Idaho's Constitution outlines 10 rights of crime victims, including to be treated fairly and respectfully, the right to notification of case events and to attend those events, and the right to communicate with prosecutors, among others. It also specifically allows for victims 'to be heard, upon request, at all criminal justice proceedings considering a plea of guilty, sentencing, incarceration or release of the defendant, unless manifest injustice would result.' It was unclear Tuesday if any of the families had requested to make a statement at that hearing, but Garvin said that would be a meaningful opportunity for them to speak to the court. 'When a court decides to accept or reject a plea agreement, it has to be done in the interest of justice,' she said. 'It's a victim's right to have input in the prosecution, but also to make sure the court knows how they feel about a plea. The victims don't have control over the outcome, but they can offer something that helps the court analyze whether the plea is in the interest of justice.' Judges can reject plea agreements in Idaho, but it is a rare occurrence. The judge in Kohberger's case previously denied a defense attorney motion to remove the death penalty from consideration that had argued Kohberger's autism diagnosis made him less culpable. What does the right to confer with prosecutors guarantee? The right to confer covers a broad range of communication with prosecutors, but largely means being kept informed and participating as a case proceeds. That can mean having conversations before a bail hearing to propose conditions of a defendant being released that increase a victim's feeling of safety, or strategizing victim impact statements before sentencing. It does not mean that victims or their families get the final say in how prosecutors try a case or whether they can offer or approve a plea agreement. There is no appeals process for victims or families who disagree with a prosecutor's decision, but that doesn't mean there isn't recourse if a victim believes their rights have been violated. Garvin said not providing an opportunity for meaningful victim input can lead to courts reconsidering sentences or overturning outcomes and holding new hearings. She cited the recent case of Adnan Syed in Maryland, whose murder conviction had been vacated in 2022 after Baltimore prosecutors said they had uncovered issues with the initial prosecution. The victim's family later succeeded in getting the conviction reinstated after challenging the ruling on procedural grounds, arguing they didn't receive proper notice to attend the hearing that freed Syed from prison— a victims' rights violation. In the letter sent to the families of the Idaho victims Monday, prosecutors wrote, 'Your viewpoints weighed heavily in our decision-making process, and we hope that you may come to appreciate why we believe this resolution is in the best interest of justice.' Goncalves' family wrote in Facebook posts that family members had spoken to prosecutors multiple times from Friday to Monday to register their objections to a plea and explain their views about pushing for a conviction at trial and the death penalty. The statement said the Friday discussions were vague, and that the whole process moved incredibly fast despite nearly two years of preparations and waiting for a trial that had been scheduled to start in August.
Associated Press
01-07-2025
- Associated Press
Idaho murder case highlights limits of victims' input in plea bargains
The man charged in the stabbing deaths of four University of Idaho students in November 2022 has agreed to plead guilty, according to an attorney for a victim's family, but the family says it opposes any deal that would take the death penalty off the table. Shanon Gray, an attorney for the family of Kaylee Goncalves, said the family has requested that a change of plea hearing for Bryan Kohberger set for Wednesday be delayed so that families could travel to Boise to attend. The family of Ethan Chapin, another of those killed, supports the plea deal, said family spokesperson Christina Teves on Tuesday. Karen and Scott Laramie, the mother and stepfather of Madison Mogen, plan to make a statement through their attorney, Leander James, after the hearing. Relatives of Xana Kernodle did not immediately respond to interview requests. Prosecutors stressed in a letter to victims' families, obtained by ABC News, that they had met with available family members last week before extending the offer. What happens when surviving families of crime victims or victims themselves disagree with prosecutors? Here's a little more on what rights and recourse victims do and don't have in the U.S. and in Idaho. Generally, what rights do crime victims have? A movement to address the needs and well-being of victims of crime started in the 1970s and made grassroots advancements, like the first victims help hotline. Laws addressing the rights of crime victims followed in the '80s, '90s and 2000s, and are relatively new for the criminal justice landscape. The 2004 federal Crime Victims' Rights Act granted eight specific rights to victims in federal criminal cases including the right to be protected from the person accused of committing the crime, the right to reasonable and timely notice of proceedings, the right to restitution and the reasonable right to confer with the prosecution. States were left to pass laws that governed victims' rights for state-level criminal prosecutions. Every state has some form of law addressing the rights of crime victims that vary. Most, at minimum, provide the right to seek restitution or to be informed about court hearings in advance. Many states have passed larger packages sometimes called a victim bill of rights. 'Really, what these laws are designed to do is to make sure that victims are meaningful participants in the architecture of justice,' said Meg Garvin, the executive director of the National Crime Victim Law Institute. What rights are guaranteed in Idaho? Idaho's Constitution outlines 10 rights of crime victims, including to be treated fairly and respectfully, the right to notification of case events and to attend those events, and the right to communicate with prosecutors, among others. It also specifically allows for victims 'to be heard, upon request, at all criminal justice proceedings considering a plea of guilty, sentencing, incarceration or release of the defendant, unless manifest injustice would result.' It was unclear Tuesday if any of the families had requested to make a statement at that hearing, but Garvin said that would be a meaningful opportunity for them to speak to the court. 'When a court decides to accept or reject a plea agreement, it has to be done in the interest of justice,' she said. 'It's a victim's right to have input in the prosecution, but also to make sure the court knows how they feel about a plea. The victims don't have control over the outcome, but they can offer something that helps the court analyze whether the plea is in the interest of justice.' Judges can reject plea agreements in Idaho, but it is a rare occurrence. The judge in Kohberger's case previously denied a defense attorney motion to remove the death penalty from consideration that had argued Kohberger's autism diagnosis made him less culpable. What does the right to confer with prosecutors guarantee? The right to confer covers a broad range of communication with prosecutors, but largely means being kept informed and participating as a case proceeds. That can mean having conversations before a bail hearing to propose conditions of a defendant being released that increase a victim's feeling of safety, or strategizing victim impact statements before sentencing. It does not mean that victims or their families get the final say in how prosecutors try a case or whether they can offer or approve a plea agreement. There is no appeals process for victims or families who disagree with a prosecutor's decision, but that doesn't mean there isn't recourse if a victim believes their rights have been violated. Garvin said not providing an opportunity for meaningful victim input can lead to courts reconsidering sentences or overturning outcomes and holding new hearings. She cited the recent case of Adnan Syed in Maryland, whose murder conviction had been vacated in 2022 after Baltimore prosecutors said they had uncovered issues with the initial prosecution. The victim's family later succeeded in getting the conviction reinstated after challenging the ruling on procedural grounds, arguing they didn't receive proper notice to attend the hearing that freed Syed from prison— a victims' rights violation. In the letter sent to the families of the Idaho victims Monday, prosecutors wrote, 'Your viewpoints weighed heavily in our decision-making process, and we hope that you may come to appreciate why we believe this resolution is in the best interest of justice.' Goncalves' family wrote in Facebook posts that family members had spoken to prosecutors multiple times from Friday to Monday to register their objections to a plea and explain their views about pushing for a conviction at trial and the death penalty. The statement said the Friday discussions were vague, and that the whole process moved incredibly fast despite nearly two years of preparations and waiting for a trial that had been scheduled to start in August.
New York Post
30-05-2025
- Business
- New York Post
Families of victims in crashes plan objection to Boeing's deal with DOJ
The Department of Justice (DOJ) has reportedly informed victims' families of two fatal Boeing 737 MAX8 aircraft crashes that it is dismissing criminal fraud charges against the airplane manufacturer, though families plan to object to the filing. Clifford Law Offices said in a news release that the DOJ sent a letter to families on Thursday, informing them the government agency had filed a motion to dismiss the criminal fraud matter against Boeing. Instead, the DOJ said it filed a non-prosecution agreement (NPA) against Boeing regarding two 737 MAX 8 planes that crashed six years ago and killed 346 people. The DOJ sent the letter as part of the federal Crime Victims' Rights Act, which requires it to inform crime victims of their actions. Pro bono lawyer Paul Cassell, who also works as a professor at the S.J. Quinney College of Law at the University of Utah, represents several families of victims, and they have advised U.S. District Court Judge Reed O'Connor about their intentions to object to the DOJ's motion. 4 The Department of Justice has reportedly informed victims' families of two fatal Boeing 737 MAX 8 aircraft crashes that it is dismissing criminal fraud charges against the airplane manufacturer. AP The families were informed nearly a week after the DOJ said it had struck a tentative deal with Boeing that allows the company to avoid criminal prosecution for allegedly misleading regulators about the company's 737 Max plane before two crashes that killed 346 people. Under the deal, Boeing will pay out $1.1 billion, including $445 million to a fund for the crash victims' families, the DOJ said in court documents last week. In exchange, the DOJ will dismiss a fraud charge against the aircraft manufacturer. 4 The DOJ said it filed a non-prosecution agreement (NPA) against Boeing regarding two 737 MAX 8 planes that crashed six years ago and killed 346 people. REUTERS The DOJ did not immediately respond to FOX Business's request for comment on the matter. The news release noted that the families had been asking for a meeting with U.S. Attorney General Pam Bondi since Feb. 6, with hopes of meeting before a final decision was made. The law firm said the families had never heard back, as of Thursday. 4 Forensics investigators and recovery teams collect personal effects and other materials from the crash site of Ethiopian Airlines Flight ET 302 on March 12, 2019 in Bishoftu, Ethiopia. Getty Images 'Boeing must continue to improve the effectiveness of its anti-fraud compliance and ethics program and retain an independent compliance consultant,' the department said last week. 'We are confident that this resolution is the most just outcome with practical benefits.' Last year, Boeing agreed to plead guilty to a criminal fraud conspiracy charge after two fatal 737 Max crashes in Indonesia and Ethiopia in 2018 and 2019. The company previously agreed to pay a fine of up to $487.2 million and face three years of independent oversight. The deal announced last Friday did not go over well with relatives of those killed in the crashes. 4 U.S. investigators examine recovered parts of the Lion Air jet that crashed into the sea on Monday, at Tanjung Priok Port in Jakarta, Indonesia, Thursday, Nov. 1, 2018. AP 'This kind of non-prosecution deal is unprecedented and obviously wrong for the deadliest corporate crime in U.S. history. My families will object and hope to convince the court to reject it,' Cassell said. Boeing has faced increased scrutiny from the Federal Aviation Administration (FAA) since January 2024, when a new Max 9 missing four key bolts had a midair emergency, losing a door plug, Reuters reported. The FAA has capped production at 38 planes per month. Last year, the DOJ found Boeing had violated a 2021 agreement that shielded the plane-maker from prosecution.
Yahoo
30-05-2025
- Business
- Yahoo
Boeing paying $1.1B as DOJ dismisses criminal fraud case; families of victims in crashes set to object to deal
The Department of Justice (DOJ) has reportedly informed victims' families of two fatal Boeing 737 MAX8 aircraft crashes that it is dismissing criminal fraud charges against the airplane manufacturer, though families plan to object to the filing. Clifford Law Offices said in a news release that the DOJ sent a letter to families on Thursday, informing them the government agency had filed a motion to dismiss the criminal fraud matter against Boeing. Instead, the DOJ said it filed a non-prosecution agreement (NPA) against Boeing regarding two 737 MAX8 planes that crashed six years ago and killed 346 people. The DOJ sent the letter as part of the federal Crime Victims' Rights Act, which requires them to inform crime victims of their actions. Justice Department Strikes Tentative Deal Allowing Boeing To Escape Criminal Charges In Fatal 737 Max Crashes Pro bono lawyer Paul Cassell, who also works as a professor at the S.J. Quinney College of Law at the University of Utah, represents several families of victims, and they have advised U.S. District Court Judge Reed O'Connor about their intentions to object to the DOJ's motion. Read On The Fox Business App The families were informed nearly a week after the DOJ said it had struck a tentative deal with Boeing that allows the company to avoid criminal prosecution for allegedly misleading regulators about the company's 737 Max plane before two crashes that killed 346 people. Under the deal, Boeing will pay out $1.1 billion, including $445 million to a fund for the crash victims' families, the DOJ said in court documents last week. Dc Plane Crash: Victim's Family Seeks $250 Million In First Legal Action Since Deadly Collision In exchange, the DOJ will dismiss a fraud charge against the aircraft manufacturer. The DOJ did not immediately respond to FOX Business' request for comment on the matter. The news release noted that the families had been asking for a meeting with U.S. Attorney General Pam Bondi since Feb. 6, with hopes of meeting before a final decision was made. The law firm said the families had never heard back, as of Thursday. "Boeing must continue to improve the effectiveness of its anti-fraud compliance and ethics program and retain an independent compliance consultant," the department said last week. "We are confident that this resolution is the most just outcome with practical benefits." Dc Plane Crash: Airport Employees Arrested Over Leaked Video Of Midair Collision Last year, Boeing agreed to plead guilty to a criminal fraud conspiracy charge after two fatal 737 Max crashes in Indonesia and Ethiopia in 2018 and 2019. The company previously agreed to pay a fine of up to $487.2 million and face three years of independent oversight. The deal announced last Friday did not go over well with relatives of those killed in the crashes. "This kind of non-prosecution deal is unprecedented and obviously wrong for the deadliest corporate crime in U.S. history. My families will object and hope to convince the court to reject it," Cassell said. Boeing has faced increased scrutiny from the Federal Aviation Administration (FAA) since January 2024, when a new Max 9 missing four key bolts had a midair emergency, losing a door plug, Reuters reported. The FAA has capped production at 38 planes per month. Last year, the DOJ found Boeing had violated a 2021 agreement that shielded the plane-maker from prosecution. FOX Business' Louis Casiano contributed to this article source: Boeing paying $1.1B as DOJ dismisses criminal fraud case; families of victims in crashes set to object to deal
