Rights and Procedures Under the Crime Victims' Rights Act and New Federal Rules of Criminal Procedure Amy Baron•Evans' April 30, 2009 On December I, 2008, new Federal Rules of Criminal Procedure said to incorporate or implement provisions of the Crime Victims Rights Act, 18 U.S.C. § 3771 ("CVRA") went into effect. The Appendix contains the two new rules (Rules I (b)(I ) and 60), and the amendments to existing rules (Rules 12.1, 17(c), 18 and 32) in redline and strikeout. Part I of this paper provides the briefest overview of the CVRA's eight rights and enforcement provisions, and the new rules. Part II explains the rulemalcing background behind these rules, including the political forces at work and the Committee's intent in promulgating the rules. Part III explains that the CVRA left the adversary system and defendants' constitutional rights intact, that defendants' constitutional rights trump victims' statutory rights, and that victims are not parties. Part IV explains that rules of procedure must be interpreted to avoid conflict with the Constitution and the Rules Enabling Act if possible, and are invalid if no such limiting construction is possible. Part V covers each of the eight CVRA rights in detail, including courts' interpretations of those rights, changes to the rules associated with some of the CVRA rights (Rule 32(c)(l)(B) & (i)(4)(B) and new Rule 60(a)), and related rights of defendants. Part VI covers special procedures, not contained in the CVRA, which were created solely by amendments to the rules (Rules 12.1(b), 17(c)(3), 18 and 32(d)(2)(B)), and ways to avoid problematic applications of those amendments. Part VII sets forth general procedures for the conduct of proceedings in which a victim or alleged victim is involved, based on the procedural provisions of the CVRA, new Rules I (b)( II) and 60(b), and the procedural rights of defendants that must be observed in criminal proceedings. Finally, Part VIII provides suggestions