Where To Turn When The Criminal Prosecution Fails
31 May 2023
Participants will receive an overview of the options that a victim of crime may have after, during or as an alternative to criminal prosecution. The program will identify common civil claims arising out of criminal acts, and will explain the mental and financial benefits of those claims for the victim. Additionally, the CLE will highlight legal traps which occasionally diminish the value of the claims or prevent victims from pursuing such claims altogether.
Konrad Kircher, Rittgers Rittgers & Nakajima
Victims' Rights: Leveraging 2022 Lessons in 2023
28 Feb 2023
NCVLI's Meg Garvin and Terry Campos, who combined have 35 years experience in victims' rights, will review key developments and lessons learned in victims' rights from cases decided across the country in 2022. Building on these, they will look ahead and identify how these lessons can inform litigation and policy development in 2023.
Meg Garvin & Terry Campos, NCVLI
Challenges for Immigrant Victims Navigating the Criminal Justice System
14 Dec 2022
Crime victims often require legal advocacy for a multitude of legal needs while seeking justice. Crime victims who are immigrants carry an additional layer of legal considerations. This training will examine unique challenges and opportunities that immigrant crime victims must navigate while interacting with the criminal justice system. During this session, a panel of three presenters will bring their own perspectives as an immigration attorney, prosecutor and advocate to deconstruct real scenarios that illustrate the complexities and diverse systems with which an immigrant crime victim must engage.
Glen Banfield, Helen O'Brien, Sarah Purce
The Intersection of Disability Rights and Crime Victims’ Rights
05 Oct 2022
People with disabilities are victimized at staggering rates. Despite the disproportionate number of people with disabilities who are crime victims, crimes against them are under-investigated and under-prosecuted. The presenters, drawing from their daily practice, will share concrete examples of the barriers their clients face and articulate strategies for overcoming these. Attendees will learn about how disability rights and crime victims’ rights complement each other; and how to holistically assess the needs of crime victims to ensure that those with disabilities can be best served.
Essential Motions for Victims' Rights Enforcement
28 Apr 2022
This training will provide an overview of key motions seeking enforcement of victims’ rights, including motions addressing pseudonyms, pretrial release conditions, subpoenas for victims’ records, and more. In addition, the presenters will cover litigation strategies and practice tips to establish a solid foundation from which to protect victims’ rights.
Amy Liu & Terry Campos, NCVLI
Promising Practices for Seeking Restitution
12 Apr 2022
Every state has a statutory provision providing some right to restitution and a number of states have enshrined the right to restitution in their constitutions. During this training, panelists will discuss those legal sources for the right to restitution, explain its purpose, and highlight key cases. The training will also address enforcement for nonpayment and parse promising practices for tracking and seeking restitution.
Maria "Liz" Cervantez, Colleen Clase, Jessica Gattuso, and Erica Williams
Tribal Sovereignty & Victims' Rights: State v. Cooley
03 Dec 2021
On the morning of Tuesday, June 1, 2021, the Supreme Court of the United States unanimously found in the case United States v. Cooley that a Crow tribal police officer had the authority to detain and search a non-Native suspected of committing a crime on a highway crossing through the Crow Reservation. Cooley, a non-Native, had challenged the authority of tribal law enforcement to stop and detain non-Indians who are suspected of committing crimes within the borders of an Indian reservation and asked the Supreme Court to uphold the Ninth Circuit’s decision which concluded that tribal law enforcement can only stop and detain a non-Indian suspected of committing a crime if it is “apparent” or “obvious” that a crime is being committed. The presenter will discuss the amicus curiae brief filed on behalf of the National Indigenous Women’s Resource, asking the Court to uphold the inherent sovereignty of Tribal Nations to protect their women and children from non-Indian perpetrators of crimes on tribal lands. The presenter will also discuss the Supreme Court’s decision’s impact on issues related to safety for Native women.
Mary Nagle, Partner, Pipestem & Nagle, P.C.
Mary Nagle, Partner, Pipestem & Nagle, P.C.
Procedural Justice & How Civilian Attorneys Can Represent Military-Connected Victims
12 Nov 2021
This session will discuss military justice systems, common victim experiences within these systems, and identify opportunities for representation of crime victims by civilian attorneys.
Crime Victims' Rights Representation and Labor Trafficking Victims: the Challenges, Limitations and Opportunities
12 Nov 2021
This session will discuss the intersectionality and complexity of labor trafficking. Many survivors experience labor/sex exploitation and sexual violence during their victimization. As a result, these survivors need additional services, and their rights as crime victims to be amplified. There often is a tendency to mischaracterize the victimization as sexual assault or domestic violence. With these complexities in mind, presenters will describe the challenges and limitations of crime victims’ rights in these cases focusing on the tension between receiving victim services and asserting rights only when there is a report of the crime and how this impacts labor trafficking victims' access to redress, trusted support, and opportunities to make an informed decision about their rights and options.
Rose Mukhar & Erika Petty
Procedural Justice: Leveling the Playing Field for Victims of Crime
12 Nov 2021
The court system contains challenges that victims of domestic violence, sexual assault, elder or child abuse experience when navigating the court process. Due process requires that those coming before the court system have notice and an opportunity to be heard. However, certain victims may experience barriers to accessing justice. Challenges such as disabilities, language, age, income, geography, or even the implicit bias of court professionals can make justice inaccessible and undermine the integrity of our court system. How do victims’ advocates and other justice professionals safeguard our highest value of justice for all? What kind of collaborations are most effective in ensuring due process for victims? Ensuring that court professionals meet victims’ procedural needs procedurally, requires a collaborative, multifaceted approach that includes civil and criminal procedures, knowledge of the court system, accommodations that can overcome physical, cultural, emotional and other barriers and holistic services which meet a victim’s needs as the court process concludes. This workshop will provide strategies that will enable “Multidisciplinary Collaboration Teams,” which include civil, criminal justice professionals, court, and community-based advocates to make justice accessible for all victims. The presentation will enable attendees to 1) gain an understanding the requirements of due process; 2) be able to identify the elements of procedural due process; 3) be able to recognize factors inherent in the court system that impede access to justice, and 4) understand strategies for effective collaboration among “Multidisciplinary Collaboration Teams” to improve access to justice.
Sharla Jackson & Tomieka Daniel