From the start of a criminal investigation ­through post-conviction, crime victims may face multiple attacks on their privacy. Some come from obvious motions requesting protected records, but many more come from simple acts that call into question the privileges and confidentiality victims often may not even know they have. This training will examine the privileges and rules of confidentiality that affect victims, and consider strategies for raising and enforcing those rights to protect victims’ privacy.

presented by

Andrea K Rufo, Director of the Crime Victims’ Rights Project at Legal Action of Wisconsin

Lawyers are essential during times of crisis to help clients navigate a challenging array of needs. The COVID-19 pandemic has amplified those challenges for lawyers and their clients, requiring lawyers to serve their clients in new ways. Lack of in-person communication, the suspension of court services, business closures, and remote work have increased lawyers’ use of and reliance on technology to provide competent and diligent representation. Throughout these challenges, obligations under the Rules of Professional Conduct remain. Through the use of both actual and hypothetical scenarios, this training will help lawyers ethically address the key issues that have arisen during these challenging times.

presented by

Dayna Underhill, Holland & Knight, Portland

Access to justice requires competent legal advocacy, and yet too often victims of crime do not receive the legal representation that they need to protect their rights during the complex stages of criminal justice.  This presentation will provide attendees with an overview of how to assert and seek enforcement of crime victims' rights in a criminal case.  The presentation will identify the most common points in the criminal justice process when victims' rights are implicated, key motions victims’ attorneys may need to file, and some strategies to employ to protect victims' rights.

presented by

Terry Campos, J.D.

Affording crime victims their right to be heard at sentencing is often a crucial step for victims on their path to healing and finding justice.  Victims may exercise this right in a variety of ways, such as by making a written, oral or even recorded victim impact statement; or by filing a sentencing memorandum.

presented by

Terry Campos, J.D.

Crime victims often suffer immeasurable harm as a result of the crime. Restitution is one mechanism by which the criminal justice system can ensure that the perpetrators, not the victims, bear the burden of crime victims’ economic losses. Fortunately, every jurisdiction has laws in place addressing restitution, and dozens of jurisdictions provide victims with constitutional and statutory rights to full restitution in every case.

On August 14, 2020, the U.S. Department of Education’s new Title IX rule addressing gender-based violence on college campuses and K-12 schools went into effect.  The new rules limit schools’ ability to response to sexual harassment, gutting the rights of campus survivors of sexual assault and gender-based violence, and bolstering the rights of the accused.

presented by

Cari Simon, Esq., Fierberg National Law Group

When the United States Supreme Court issues a decision―such as Miranda v. Arizona―announcing a new rule of law and overturning a criminal defendant's conviction, did that rule apply retroactively, calling into question the conviction of all other prisoners whose convictions were flawed by the same constitutional violation?

presented by

Tung Yin, J.D.

Victims of crime often seek out and receive assistance from a range of service providers, including attorneys, victim advocates, and medical specialists.  Each of these professionals can provide different and often-complementary types of assistance, information, support, and advice.

presented by

Rebecca S.T. Khalil, JD

NCVLI remains on the frontlines of victims' rights protection as crime victims are forced to navigate the shifting legal reality during the COVID-19 pandemic.  This presentation will identify the key victims’ rights impacted by some of the justice system’s COVID-19 responses across the country and review legal strategies that individual victims’ attorneys and NCVLI are employing to help protect victims' rights in the current landscape.

presented by

Meg Garvin & Amy Liu

Enhancing fairness and justice for victims requires a process of social change built on a balanced approach of legal advocacy, training & education, and public policy. 2020 marks 20 years since NCVLI began advancing victims' rights through that approach.