In 2004, the United States Congress passed, and the President signed into law, the Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims’ Rights Act (CVRA). Pub. L. No. 108-405, codified at 18 U.S.C. § 3771. Shortly after passage, in 2006, the Ninth Circuit noted that the CVRA sought to make crime victims "independent participants in the criminal justice process." Kenna v. District court, 435 F.3d 1011(9th Cir. 2006).  Has this vision been achieved? Looking back over the past twenty years, panelists will discuss and evaluate the impact of the CVRA.  The first hour will include federal practitioners providing an overview of the CVRA, case outcomes, and evolving practice. In the second hour, state practitioners will discuss how the CVRA's rights and definitions, as well as case law, have impacted state practice and what states can still learn from the CVRA.

presented by

Paul Cassell, Meg Garvin, Pamela Paaso, Alonzo Robertson, Meghan Tokash, Elizabeth Well

The South Carolina Victim Assistance Network has represented victims at the trial level and also in appellate cases to enforce their rights. This presentation will review the lessons learned at trial level and ways to push back when a Judge is not enforcing the victims’ rights. Case studies include: a case involving the enforcement of a victim’s right to present an oral victim impact statement and have a timely and final conclusion in a homicide case; a case in which a writ of mandamus was sought to protect the surviving family member’s right to confer with the prosecution and have access to case documents; a contempt action against a bond company to enforce monitoring conditions of a defendant; and an appeal of an order requiring the release of therapy records of minor and adult victims of sexual and domestic abuse.

presented by

Sarah Ford, Meghan Gilmer, Rebekah Hiatt - SCVAN

In this session recent case law on privacy will be discussed and analyzed.  Case law unrelated to crime victims will be looked at and applied to crime victims; case law specifically about crime victim privacy will be analyzed to see whether the rule announced sufficiently protects victims.  This will be an interactive session with a goal of crafting legal rules that should guide privacy litigation in the year ahead.

presented by

Meg Garvin

Without victims' willingness to engage and provide evidence we do not have a criminal justice system. Despite this, victims often report feeling unheard and re-traumatised by justice processes, and find that their rights go unrecognised in favour of the accused. The Australian Capital Territory (ACT) is a common law jurisdiction with a statutory bill of rights. The Victims of Crime Commissioner is an appointed statutory advocate within the ACT Human Rights Commission, affording her an independent voice armed with the power of proximity to government and human rights authority. The Commissioner has complementary functions, she is a statutory advocate, advisor to Ministers, and leads ‘Victim Support ACT’ a multidisciplinary, operational team dedicated to assisting victims to recover from the effects of violent crime and advocating for victim rights at every stage of the justice system. While there remains significant ground to cover, this model (unique in Australia, and internationally) provides a powerful opportunity for the amplification of victim voices, driving rights-based systemic reform and assisting the ACT to better balance the rights of victims and offenders.

presented by

Heidi Yates, Allison Munro, Kath Taplin

A survivor based approach to understanding what victims want & need when navigating traumatic situations. Helping advocates & allies better support victims & survivors, while staying motivated & empowered to continue this work. Kola shares her powerful story of strength & resiliency. From victim, to survivor, to fighter, to advocate. Her experiences with law enforcement, judicial personnel & advocates who made an impact. The good, the bad & the often ugly. Now, she shares with you a unique & maybe new way to view victims & what you can do to not only assist but empower them to keep going, by Always Making Your Heart Good.

presented by

Kola Shippentower

Two seminal victims' rights cases are before the highest court of the military justice system.  BM v United States explores the scope of the psychotherapist-patient privilege codified in Military Rule of Evidence 513 and the privacy right protected by the privilege.  HVZ v United States seeks answers to discovery analysis of medical records owned by the Government, whether victims can object at trial and the applicable standard of review for victim writ-petitions in the military justice system.  This presentation will relay effective litigation strategies to protect victims' rights not just in the military justice setting but across all jurisdictions.

presented by

Jenn Fraser, Devon Wells

Increasingly victims of crime are being sued by offenders for reporting crimes, participating in criminal and other legal processes, and speaking out about their experience. Being able to help connect people to legal resources and information when they are facing this kind of case is a valuable tool for everyone working with victims of crime. In this session, we will talk about anti-SLAPP (Strategic Lawsuits Against Public Participation) lawsuits and remedies, accessing insurance and other resources, collaboration, and how best to support someone who is facing yet another kind of victimization, via the legal system. We will share about Colorado’s response to these cases, and discuss next steps for advancing legal protections for victims.

presented by

Kazi Houston, Emily Tofte Nestaval

We all want to know that what we do makes a difference. Sometimes the day-to-day grind can leave us feeling disconnected from the deeper impact that our work has on the world, and we can become disillusioned by the size of the task at hand. In this profound and impactful talk, Survivor Katie Wee will share how having people believe and fight for her changed the narrative of her life, and within the dance industry at large. Justice-minded professionals will leave this talk feeling inspired and remembering that their work has impact and meaning beyond what they could possibly comprehend

presented by

Meg Garvin, Katie Wee

In this workshop, staff from Ohio Crime Victim Justice Center will share tips and strategies to build and maintain community trust with the victims most often disregarded by the criminal justice system. Specifically, OCVJC will discuss how to create and implement a targeted outreach plan, how to understand and accommodate the needs of communities of color when members of those communities attempt to access services and justice. In addition, OCVJC staff will help brainstorm legal strategies to combat abuses of victims’ rights protections and share case studies, focusing on the rights to privacy and redaction when asserted by law enforcement to prevent transparency.

presented by

Elizabeth Well, Cierra Davis

The presentation discusses actions by Law Enforcement and Prosecutorial teams that have the unintended effect of limiting or denying victims of their rights. Some hurdles are generated by defense counsel actions, but the majority of transgressions against victim's rights come from the inaction by and misunderstandings of Law enforcement and Prosecutors about the rights to which victims are entitled. This presentation is designed to highlight those areas where the victim's rights are overlooked... or considered inconsequential. Recommended strategies will be discussed.

presented by

Alonzo Robertson, Kathleen Callan