Crime Victim Litigation Clinic

Under the supervision of Executive Director Meg Garvin, and the lawyers of the National Crime Victim Law Institute (NCVLI), students support crime victim attorneys nationwide through legal research and writing that is used in a variety of ways, including: to support lawyers nationwide who are directly representing crime victims in criminal cases; to help NCVLI write amicus curiae briefs that are filed in trial and appellate courts nationwide; to help NCVLI anticipate and prepare for future litigation at both the trial and appellate levels; and to contribute to NCVLI’s library and brief bank on victims’ rights issues, which advances the law for survivors through litigation, legislation, and policy work.

Five students successfully completed the Fall 2012 clinical course and five students are enrolled in the Spring 2013 Clinic.  These students are working on a variety of projects requiring them to apply legal research, writing, and analysis to live legal issues. Specific examples of these projects include:

• Researching the scope of the definition of “victim” under the federal Crime Victims’ Rights Act to assist lawyers in California representing victims of financial fraud who are seeking to recover in restitution;

• Researching social science articles that support the proposition that non-disclosure of a sexual assault is not evidence that abuse did not occur for use for use in a Wisconsin amicus brief;
• Researching and writing a legal memorandum on whether a Sexual Assault Nurse Examiner is allowed to disclose the facts of a sexual assault (but not the victim’s identity) to law enforcement if victim does not want to report crime;
• Researching Maryland’s procedure for pretrial subpoenas for third party’s confidential medical records;
• Researching Ohio law in support of the proposition that a victim should be permitted to have her name redacted from police reports; and
• Researching the integration of comparative fault into criminal restitution or general criminal liability.

Numerous guest speakers are presenting this term, including Portland psychologist Dr. Christopher Wilson presenting on trauma and vicarious trauma; local attorney Rosemary Brewer from the Oregon Crime Victims Law Center discussing the practice of victims’ rights law in Oregon; Arizona Attorney Colleen Clase (via Skype) from Arizona Voice for Crime Victims discussing Arizona victims’ rights; and local attorney Anna Ciesielski from Immigration Counseling Services speaking about immigrant victims’ rights issues. 

Payment of a $40 Clinic fee is required.  Students should pay by making checks payable to NCVLI on the first day of class. The fee will be refunded in full if a student drops the class during the “free” add/drop period of the semester. After that, no refund will be issued.”

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Information about the Summer 2013 Clinic coming soon!