Fighting for Privacy

NCVLI recently worked with a state prosecutor to fight for a kidnapping victim's right to privacy.  The defense attorney in the case had filed a motion to compel production of the victim's entire diary rather than accepting the relevant pages in which she wrote about the crime and which had been provided in discovery.  NCVLI conducted research and shared case law from across the country on a victim's right to privacy.  Working together we can reduce re-victimization in criminal justice!

Case Update: Victim's Right to Restitution Upheld

Last summer we told you about our fight to secure full restitution for a victim in Arizona.  We are excited to let you know of a significant victory!  In the case the defendant was convicted and ordered to pay $61,191.99 in restitution to the victim.  On appeal, the superior court reversed, on the ground that the restitution amount exceeded a cap set forth in statute.  The State appealed to the Arizona Court of Appeals and NCVLI participated as amicus curiae.  The appellate court held the statute’s restitution cap unconstitutional.  In reaching its decision, the court observed that the state constitution guarantees a victim’s right to “prompt restitution” from the convicted offender and in the context of Arizona law this means restitution in the full amount of a victim’s economic losses.  The court concluded that the constitutional right to prompt restitution “implicates the full restoration of a victim’s economic loss.”  Thus, the victim in this case is entitled to full restitution!  We were excited to partner with the Arizona Crime Victim Rights Law Group for this case.

Protecting Rights During Investigation

A victim's attorney contacted NCVLI seeking assistance protecting a child-victims’ rights pretrial by securing an interpreter and ensuring a support person could be present during interviews.  NCVLI quickly compiled law and resources.  Among the resources were two NCVLI publications available in NCVLI's ever-growing Victim Law Library: 
 

• Interpreters: A Requirement for Meaningful Exercise of Victims’ Rights by Non-English Speaking1 Victims 
• Crime Victims Have the Right to Retained Counsel’s Presence During Investigative Interview.

Putting a Stop to Abuse of the Process

Sadly, victims, particularly victims of intimate partner terrorism/domestic violence, are subject to ongoing victimization when their abusers use the legal system as a method of abuse.  This abuse commonly manifest in the filing of civil suit after civil suit.  Recognizing this tactic as a national reality, last month NCVLI worked with a victim attorney to identify the common avenues of litigation abuse as well as the tools available to stop it.  Even though Domestic Violence Awareness Month is over, our work to support survivors of these crimes will not stop!