In March 2023, the Department of Justice (DOJ) implemented updated guidelines for victim and witness assistance. These updated guidelines represent the first revision in a decade, expanding previous policies in several ways, and have received relatively little notice despite their potential impact. They direct prosecutors to enact rights for victims as early as possible in the criminal process and prompt prosecutors to consider services for individuals who have been harmed by criminal conduct, even if they do not technically qualify as victims under statute law. Of particular interest to legal professionals is that these shifts in policy are changing how the DOJ resolves its case load, as federal prosecutors are now mandated to enquire about and pursue pathways of victim redress.
This new approach by DOJ prosecutors, who insist on ensuring that victims and witnesses are more fully informed and have a say in proceedings, is placing additional burdens on companies, and indeed individuals, facing charges. This has the potential to significantly alter the sentencing landscape. It is important for companies to understand how these enhanced demands will impact their resolution expectations with the DOJ, lest they find themselves blindsided by unexpected queries and demands during the settlement process. Read the original report for more in-depth information.
Existing federal law, particularly the Crime Victims’ Rights Act, 18 U.S.C. Section 3771 (CVRA), already provides rights for individuals harmed by crime. These rights stipulate victim participation in the criminal process and restitution for harm resulting from crimes committed against them. However, what constitutes a “crime victim” is specific and refers directly to individuals or their representatives that have been directly and adversely affected as a result of the commission of a federal crime. The act further underscores that it is not designed to limit the prosecutorial discretion of the DOJ.
The weight of these legal changes on the corporate world is not to be underestimated. Shaping future interactions with the DOJ, these updated guidelines underscore the evolving nature of legal practice and the continual need for timely, informed responsiveness to the shifting legal landscape.