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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
Working in Partnership to Improve Restitution
29 Oct 2021
Victims often struggle to identify where to turn for information regarding restitution after their offender is convicted. From court to corrections, restitution processes are often siloed with little communication and consistency between agencies. NCVLI Attorneys will present a hypothetical case to a panel of victim advocates and attorneys with experience advocating for and securing restitution to highlight the challenges presented from silos of practice and identify options for simplifying the process for victims.
Scott Beard, Terry Campos, Liz Cervantez, Pamela Ferguson-Bray, Rebecca Khalil, Josh Lamborn, and Gina Skinner
Working with Native American Crime Victims: Language Access through a Cultural Lens
27 Oct 2021
The U.S. legal system has historically marginalized communities with limited English proficiency. For crime victims within those communities, access to holistic legal services requires culturally responsive language access services.
This session discusses language access barriers Native American victims and tribal communities encounter and highlights ways to overcome them.
Through this lens, the presenter and participants will discuss how legal resources and remedies are conveyed to and evaluated with crime victims across languages and cultures.
Presented by: Ada Pecos Melton, MPA, President, American Indian Development Associates, LLC (AIDA)
Ada Pecos Melton, MPA, President, American Indian Development Associates, LLC (AIDA)
Crime Victims’ Rights in the ER: Building Crime Victims’ Rights Access Through Medical Legal Partnerships
22 Oct 2021
This session will discuss strategies for collaboration of victim rights providers with medical providers to create new, non-traditional entry-points for crime victims’ rights access. Participants will learn about how the Network for Victim Recovery of DC, with support from NCVLI, and in partnership with MedStar Washington Hospital Center's Community Violence Intervention Program (MWHC-CVIP) built a medical-legal partnership (MLP) centered around crime victims’ rights access and underserved
populations. This session will cover challenges, lessons learned, and research findings that offer attendees concrete action plans for building MLPs within their communities.
Bridgette Stumpf & Matt Ornstein
Normalizing Victim Counsel in Trial and Appellate Courts
15 Oct 2021
In this session, experienced victims’ rights lawyers will discuss their experiences and share strategies to normalize the presence of victim counsel in state courts. When victims’ rights are new, practitioners are often met with uncertainty and resistance on the part of courts, prosecutors/district attorneys, and defense counsel in criminal cases. To effectively advocate for victims’ rights in trial courts and beyond, the presence of victim counsel must become an expected part of the criminal justice process. Staff from Arizona Voice for Crime Victims and Ohio Crime Victim Justice System, both of which are part of the national RISE Project will discuss how normalizing trial court practice can open the door for appellate review and systemic change. The presenters will share tips and filing suggestions from decades of practice that optimize the likelihood of success in opening state court doors to victims of crime and their counsel.
Elizabeth Well & Colleen Clase
“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.