Omnibus Victims Protection Act: Hearing Before the Subcommittee on Criminal Law of the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, Second Session, on S. 2420 ... May 27, 1982 |
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5th Cir action agencies amended by adding American Bar Association Attorney award bill CARRINGTON cause Chairman civil Code committed committee CONGRESS THE LIBRARY convicted criminal justice system damages decision defendant discretion Federal Government Federal offense Geraldine gross negligence guidelines hearing injury intimidation involved JENSEN judge judicial proceedings law enforcement officer legislation liability LIBRARY OF CONGRESS loss MONTGOMERY Montgomery County murder notified official proceeding Omnibus Victims Protection parole board PAUL LAXALT PAYTON person relocated plea negotiations PREPARED STATEMENT prisoner probation officer programs prosecution prosecutors raped record release relocation or protection require restitution S.Ct Senator HEINZ Senator LAXALT sovereign immunity statute task force testimony Thank tion title 18 Tort Tort Claims Act trial U.S. attorneys United United States Code victim impact statement victim or witness victim/witness victims and witnesses victims of crime Victims Protection Act Whisenhant
Popular passages
Page 102 - the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused. 28 USC § 2680(a)
Page 111 - of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion, or the impossibility of a court's undertaking independent
Page 111 - without expressing lack of the respect due coordinate branches of government; or an unusual need for unquestioning adherence to a political decision already made; or the potentiality of embarrassment from multifarious pronouncements by various departments on one question 369 US at 217. 82 S.Ct. at 710
Page 173 - 622. Crime victims compensation board 1. There is hereby created in the executive department a board, to be known as the crime victims compensation board. Such board shall consist of five members, no more than three of whom shall belong to the same political party, who shall be appointed by the governor by
Page 102 - omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be
Page 101 - thereafter, be deemed a final denial of the claim for purposes of this section. The provisions of this subsection shall not apply to such claims as may be asserted under the Federal Rules of Civil Procedure by third party complaint, cross-claim, or counterclaim.
Page 102 - discretion" protected by the section is not that of the judge-a power to decide within the limits of positive rules of law subject to judicial review. It is the discretion of the executive or the administrator to act according to one's judgment of the best course, a concept of substantial historical ancestry in American law.
Page 134 - provides that: Neither a public entity nor a public employee is liable for: (a) Any injury resulting from determining whether to parole or release a prisoner or from determining the terms and conditions of his parole or release or from determining whether to revoke his parole or release.
Page 33 - (4) the term 'law enforcement officer' means an officer or employee of the Federal Government, or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant (including an elected official, judge, or juror)— "(A) authorized under law to engage in or supervise the
Page 173 - as such at the pleasure of the governor. 4. The members of the board shall devote their whole time and capacity to their duties, and shall not engage in any other occupation, profession or employment, and shall receive an annual salary to be fixed by the governor within the amount made available therefor by appropriation.