Page 50 of 52 2005 B.Y.U.L. Rev. 835, *920
decision to schedule, reschedule, or continue criminal cases should include victim mput through the victim's assertion of the right to be free from unreasonable delay." 73°
[*921] The proposed rule also requires that the court state its reason for granting any continuance. This requirement stems from a recommendation from the President's Task Force on Victims of Crime, which noted "the inherent human tendency to postpone matters, often for insufficient reason," and accordingly recommended that "reasons for any granted continuance ... be
clearly stated on the record." 337 Several states have adopted similar provisions. 73%
Rule 51 - Claiming Error Regarding Victims’ Rights
The Proposal:
The procedures for a victim to assert error should be spelled out in the rules as follows: Rule 51. Preserving Claimed Error
(a) Exceptions Unnecessary. Exceptions to rulings or orders of the court are unnecessary.
(b) Preserving a Claim of Error. A party or a victim may preserve a claim of error by informing the court - when the court ruling or order is made or sought - of the action the party wishes the court to take, or the party's objection to the court's action and the grounds for that objection. If a party or a victim does not have an opportunity to object to a ruling or order, the absence of an objection does not later prejudice that party. A ruling or order that admits or excludes evidence is governed by Federal Rule of Evidence 103.
The Rationale:
The CVRA authorizes victim appeals and includes procedures for expedited handling of those appeals. 33° The proposed rule would [*922] incorporate victims into the existing rule regarding preservation of errors.
Rule 53 - Closed-Circuit Transmission of Proceedings for Victims
The Proposal:
Closed-circuit transmission of court proceedings for victims should be authorized as follows: Rule 53. Courtroom Photographing and Broadcasting Prohibited
(a) General Rule. Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom.
334 18 U.S.C. 3161-3174.
335 United States v. Turner, 367 F. Supp. 2d 319, 334 n.14 (E.D.N.Y. 2005) (recognizing victim's "participatory right" with respect to delays in a criminal case).
336 150 Cong. Rec. $10,911 (daily ed. Oct. 9, 2004) (statement of Sen. Kyl) (emphasis added). 337 President's Task Force on Victims of Crime, Final Report 76 (1982). 338 See, e.g., Ariz. Rev. Stat. Ann. 13-4435(B) (2001) (courts required to "state on the record the reason for [any] continuance"); Utah Code
Ann. 77-38-7(3)(b) (2004) (court required to "enter in the record the specific reason for the continuance and the procedures that have been taken to avoid further delays").
339 See 18 U.S.C.A. 3771(d)(3) (West 2004 & Supp. 2005).
DAVID SCHOEN
HOUSE_OVERSIGHT_017764