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Criminal Procedure

Brooklyn Law Review

Victim; Victim Rights; Victim’s Rights; Subpoena; Subpoena Duces Tecum; Victim Agency; Victim-Exclusion; CVRA; Crime Victims’ Rights Act; criminal law; criminal justice system; criminal legal system

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Giving Meaning To The Apostrophe In Victim[’]S Rights, Margaret Garvin May 2022

Giving Meaning To The Apostrophe In Victim[’]S Rights, Margaret Garvin

Brooklyn Law Review

There is a lack of consistency in how courts interpret the use or placement of an apostrophe on “victim.” While this may seem like a minor grammatical or typological error, it has a tremendous effect on victim’s rights, as it virtually erases the victim due to the confusion over the ownership of said rights. This essay analyzes how the placement of the apostrophe, in cases dealing with subpoenas duces tecum, have led courts to interpret victim rights in multiple ways, but all with the same outcome—excluding the actual victim from consideration. This causes the actual victims, even when the court …