New & Noteworthy: Airman First Class (E-3) LRM v. Lieutenant Colonel Kastenberg No. 2013-05 2013 WL 1874790 (A.F. Ct. Crim. App. Apr. 2 2013) (order).

NCVLI participated in this proceeding as amicus curiae in support of the victim's petition, arguing to protect the victim's right to be heard regarding the admissibility of her private information—whether through counsel or on her own behalf—at Military Rules of Evidence 412 and 513 hearings.  NCVLI has also filed an amicus brief in support of the victim's petition challenging the decisions of the military judge and the Air Force Court of Criminal Appeals, which is now pending before the United States Court of Appeals for the Armed Forces.

New & Noteworthy Court Opinion: State v. Jent --- P.3d --- No. DA 12–0399 2013 WL 1427280 (Mont. Apr. 9 2013).

Defendant pleaded guilty to the aggravated assault of his wife, which resulted in a fracture of the victim's orbital wall of her right eye socket.  As part of his sentence, the trial court ordered defendant to pay over $44,000 in restitution, including over $19,000 in restitution for medical expenses arising from the victim's post-assault suicide attempt.  Defendant appealed the restitution order to the extent that it required him to pay restitution for the victim's suicide-attempt related expenses.  First, defendant argued that his wife cannot be considered a "victim" of his offense for re

Preventing Re-Victimization

All too often victims of crime report that enduring the criminal justice system is itself a type of victimization - a secondary or re-victimization.  Factors that impact how victims experience the system include how they are treated during the process, and the amount of control and participatory access that they have. NCVLI fights daily to protect victims’ rights, in large part, to prevent re-victimization.

New & Noteworthy Court Opinion: United States v. Nosal No. CR-08-0237 EMC 2013 WL 1405844 (N.D. Cal. Apr. 8 2013) (slip copy).

Defendant, formerly a high-level employee at an international executive recruitment service firm, was indicted on charges of mail fraud, theft of trade secrets, and illegal computer intrusion, resulting from his use of his former-employer’s confidential database to help him start a competing business.  Before trial, the court issued an order granting the state’s motion to exclude from the courtroom most witnesses, including three attorneys for the corporate-victim, defendant’s former employer.  The corporate-victim moved that it had the right to designate representatives of its choice to at

NCVLI Receives Award from United States Department of Justice

National Crime Victims’ Rights Week is a time for communities around the country to raise awareness of crime victims’ rights.  It is also a time for the nation to pause and honor the heroes of the victims’ rights movement - victims and those who advocate on their behalf.  As part of this commemoration, every year the Office for Victims of Crime (OVC) of the United States Department of Justice recognizes individuals and organizations for outstanding work devoted to crime victims through the National Crime Victims’ Service Awards

Partnering to Effect Change Through Legislation

NCVLI’s efforts to enhance fairness and justice for victims are grounded in the idea that meaningful social change is built upon three cornerstones: legal advocacy, education, and public policy.  Our updates most often focus on the first two (legal advocacy & education), however, this spring as legislatures nationwide consider a variety of victims’ rights laws, we highlight a few public policy efforts; each of which is a collaboration among many victim service organizations. 

Access to Justice: Making it Real

During the trial of a man convicted of a number of crimes, including residential burglary, one of his victims, an individual with developmental disabilities, was afforded a facility dog, Ellie.  On appeal defendant argued that affording the victim the aid of a facility dog was so prejudicial as to amount to a violation of his constitutional right to a fair trial.  The intermediate court of appeals rejected defendant’s argument but defendant has sought further review in the Washington Supreme Court. 

Restitution: A Fundamental Right for Victims

Victims of crime often suffer immeasurable harm as a result of the criminal conduct inflicted on them.  The economic impact of such harm is rightly borne by the perpetrator, not the victim.   Restitution is one mechanism by which the justice system can ensure that the perpetrator, not the victim, bears the burden.  Restitution is ordered in criminal sentences and is money paid from the offender to the victim for losses that the victim suffered as a result of the offender’s crime.  Ordering and securing collection of restitution is an important part of ensuring that victims are treated fairl

X
 

JOIN NOW!

Join a growing professional association dedicated to the protection, enforcement, and advancement of crime victims' rights in all justice systems. Members can access NAVRA's benefits, provide pro bono representation to crime victims, refer cases for pro bono representation, stay up-to-date on relevant case law, and more!