U.S.S.G. § 6A1.5

Crime Victims' Rights

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§6A1.5.     Crime Victims' Rights (Policy Statement)

In any case involving the sentencing of a defendant for an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in 18 U.S.C. § 3771 and in any other provision of federal law pertaining to the treatment of crime victims.

 

Commentary

Application Note:

1.      Definition.—For purposes of this policy statement, "crime victim" has the meaning given that term in 18 U.S.C. § 3771(e).

Historical Note:  Effective November 1, 2006 (amendment 694). Amended effective November 1, 2024 (amendment 831).

 

PART B – PLEA AGREEMENTS

 

Introductory Commentary

Policy statements governing the acceptance of plea agreements under Rule 11(c), Fed. R. Crim. P., are intended to ensure that plea negotiation practices:  (1) promote the statutory purposes of sentencing prescribed in 18 U.S.C. § 3553(a); and (2) do not perpetuate unwarranted sentencing disparity.

These policy statements make clear that sentencing is a judicial function and that the appropriate sentence in a guilty plea case is to be determined by the judge.

Historical Note:  Effective November 1, 1987.  Amended effective November 1, 2004 (amendment 674); November 1, 2025 (amendment 836).


 

Notes of Decisions
Cited in 3 cases, 2009–2012 · leading case: United States v. Dennis Bolze, 444 F. App'x 889 (6th Cir. 2012).
United States v. Dennis Bolze, 444 F. App'x 889 (6th Cir. 2012). “§ 3771 (a)(4) & (b); *892 USSG § 6A1.5. Consequently, we find no fault with the district court’s decision to consider all of the victim impact statements submitted, whether sworn or un-sworn.”
United States v. Clark, 335 F. App'x 181 (3rd Cir. 2009). “§ 3771 (b), (a)(4); see also U.S.S.G. § 6A1.5 (“[T]he court shall ensure that the crime victim is afforded the rights described in 18 U.”
United States v. Clark, 335 F. App'x 181 (3rd Cir. 2009). “§ 3771 (b), (a)(4); see also U.S.S.G. § 6A1.5 (“[T]he court shall ensure that the crime victim is afforded the rights described in 18 U.”
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