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Nye Frank

LIABILITY OF INDIVIDUAL STATE AND LOCAL GOVERNMENT OFFICIALS: THE PRIMA FACIA CASE - 0 views

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    Now, it is an effectual denial by a State of the equal protection of the laws when any class of officers charged under the laws with their administration permanently and as a rule refuse to extend that protection. If every sheriff in South Carolina refuses to serve a writ for a colored man and those sheriffs are kept in office year after year by the people of South Carolina, and no verdict against them for their failure of duty can be obtained before a South Carolina jury, the State of South Carolina, through the class of officers who are its representatives to afford the equal protection of the laws to that class of citizens, has denied that protection. If the jurors of South Carolina constantly and as a rule refuse to do justice between man and man where the rights of a particular class of its citizens are concerned, and that State affords by its legislation no remedy, that is as much a denial to that class of citizens of the equal protection of the laws as if the State itself put on its statute-book a statute enacting that no verdict should be rendered in the courts of that State in favor of this class of citizens."
Nye Frank

Standing to Assert Crime Victims' Rights - 0 views

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    JUSTICE FOR ALL ACT OF 2004 The federal Justice For All Act of 2004 (PL 108-405) enhances protections for victims of federal crimes and increases federal resources available to state and local governments to combat crime. Title I of the act, the "Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act," requires courts to ensure that crime victims are afforded the rights the act prescribes. It specifies that a crime victim, his lawful representative, or the attorney for the government may assert the rights in U. S. District Court. If the requested relief is denied, the movant may petition the court of appeals for a writ of mandamus, which the appeals court must decide within 72 hours. A court's failure to afford a crime victim his rights is not grounds for a new trial, but a victim can move to reopen a plea or a sentence on that basis. The act does not authorize a cause of action for damages or create, enlarge, or imply any duty or obligation to any victim or other person for any breach by federal government officers or employees (§ 102). The act appropriates $ 7 million for fiscal year 2005 and $ 11 million each for fiscal years 2006-2009, in part, for the support of state organizations that enforce crime victims' rights and provide legal counsel and support services. The states where these organizations are located must have laws substantially equivalent to the federal law (§ 103).
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