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NCVLI News Winter 2007-2008 Board of Directors
Sean Beers, CPA, J.D. Gail Burns-Smith Carl Davis, J.D. Helene Davis James Huffman, J.D. NCVLI Staff
Executive Director Professor Douglas E. Beloof, J.D. Director of Programs Meg Garvin, J.D. Program Manager Whitney Grubbs, J.D. Staff Attorneys Susie Cowen, J.D. Toby Krauel, J.D. Public Relations and Development Officer Angela Sanders Administration Lisa Farrell Jeff Hanson Conference Coordinator Valerie Walters, Independent Contractor Volunteers Scott Klees, J.D. Cristie Prasnikar OVC Grant Preparation of NCVLI News was supported by Grant No. 2002-VFGX-K004, awarded by the Office for Victims of Crime (OVC), Office of Justice Programs, U.S. Department of Justice. The opinions, findings and conclusions expressed in this newsletter are those of the author(s) and do not necessarily represent the official position or policies of the U.S. Department of Justice. OVC is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the National Institute of Justice, and the Office of Juvenile Justice and Delinquency Prevention.
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Message From the Director by Professor Doug Beloof
Recently, a federal court acknowledged that the criminal justice system is flawed; it “has long functioned on the assumption that crime victims should behave like good Victorian children-seen but not heard.” Kenna v. U.S. Dist. Court for C.D.Cal., 435 F.3d 1011, 1013 (9th Cir. 2006). What this federal court recognized is that despite being the persons most affected by crime, victims’ voices are too rarely heard in criminal courtrooms. One aim of the Victims’ Rights Movement is to clear away legal obstacles to victims’ voices, and ensure that they are heard throughout the process. This issue of NCVLI News includes three legal articles on victims’ voice. First, in “The Victim Impact Statement at Sentencing A Successful Journey,” guest author New Jersey attorney Richard Pompelio, discusses the importance of affording victims the right to be heard at sentencing, even when a plea is in place. The article addresses both the law of victim impact statements and pays tribute to a criminal court that properly afforded both defendant and victims their rights as it worked to find justice. In “Practical Tips and Legal Strategies for Easing Victims’ Concerns about Testifying,” Toby Krauel details strategies that advocates and attorneys can employ to help victims overcome the apprehension of having to testify in court. By easing victims’ concerns, we help victims survive the courtroom experience, thereby ensuring their voices can be heard. Finally, in “Protecting Victim Privacy: The Tool of Anonymous Pleading in Civil Cases,” Meg Garvin discusses the legal propriety of allowing victims of sexual violence to plead cases anonymously. The article discusses how anonymous pleading helps ensure victims the safe place necessary for them to come forward and report criminal conduct and pursue justice. In this way, pleading anonymously becomes a tool to protect the voice of victims who might otherwise remain silent. In addition to these legal articles are several spotlight articles that touch on victim voice. Two articles spotlight the work of Lewis & Clark Law School students as they learn about victims’ rights and actively fight for those rights in cases nationwide. The future of victims’ rights is certainly in good hands with these dedicated students. To achieve justice, victims’ voices can no longer be silenced. I hope you agree that this edition of NCVLI News provides thought-provoking articles and practical tips on how we can move the justice system out of the Victorian age and ensure it hears victims’ voices. © 2008 National Crime Victim Law Institute