Consultation with the Family of the Victim
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DOJ Justice Manual › Title 9: Criminal › 9-10.000 - Capital Crimes › Justice Manual § 9-10.100
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Unless extenuating circumstances exist, the United States Attorney or Assistant Attorney General should consult with reasonably available victim’s family concerning their views about whether the United States should seek the death penalty. Such consultation should also precede a request from the United States Attorney or Assistant Attorney General to withdraw a prior decision to seek the death penalty, or to take any other outcome determinative action. The United States Attorney or Assistant Attorney General should, except as exempted above (see
J.M. § 9-10.070
), communicate those views in any submission made to the Department or, if such views are not included, describe the circumstances preventing inclusion and attempts to contact the victim’s family. The United States Attorney or Assistant Attorney General should notify the victim’s family of all final decisions regarding the death penalty. This consultation should occur in addition to any victim conferral or notification required by the Crime Victims’ Rights Act (18 U.S.C. § 3771).
[Updated June 2026]
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