From Dynamics to Trauma in Sexual Assault Cases: Why, When, and How to Use an Expert Witness
25 Apr 2021
This training will address how the science behind the neurobiology of trauma can inform the investigation and prosecution of sexual assault cases -- from engaging with victims pre-trial and when they are on the stand testifying to presenting the case to the judge and jury, including the how, when and what of expert testimony.
Erin Greenawald, Senior Assistant Attorney General, Oregon DOJ
“Keep it Secret, Keep it Safe”: Understanding Privileges and Confidentiality to Protect Crime Victims and Enforce their Rights
11 Feb 2021
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.
Andrea K Rufo, Director of the Crime Victims’ Rights Project at Legal Action of Wisconsin
Legal Case Studies on Ethical Competence During COVID-19
21 Jan 2021
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.
Dayna Underhill, Holland & Knight, Portland
Fundamentals of Litigating Victims' Rights
29 Sep 2020
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.
Terry Campos, J.D.
Advocating on Behalf of Your Client's Right to be Heard at Sentencing: From Victim Impact Statements to Sentencing Memoranda
27 Sep 2020
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.
Terry Campos, J.D.
What Happens When Criminal Defendants Fail to Pay Restitution CLE Training
20 Sep 2020
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.
Breaking: DeVos’s New Sweeping Title IX Rule for School Sexual Misconduct
20 Aug 2020
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.
Cari Simon, Esq., Fierberg National Law Group
Retroactivity: Are Convictions Ever Final
31 May 2020
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?
Tung Yin, J.D.
Victim Services and Potential Pitfalls: Avoiding the Unauthorized Practice of Law
28 May 2020
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.
Rebecca S.T. Khalil, JD
Protecting Victims' Rights During COVID-19
23 Apr 2020
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.
Meg Garvin & Amy Liu