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Content tagged with "restitution"

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  • December 18
    The unique and acute nature of the trauma experienced by child-victims of sexual abuse when images of their victimization are preserved, disseminated, and viewed is well-documented. These victims face tremendous challenges in our justice system.  Among the hurdles is the all too frequent demand by courts that these victims prove that a particular perpetrator (out of the thousands or millions) who possesses their abuse images as downloaded from the Internet caused a specific component of their harm.   For years, NCVLI has been fighting in state and federal courts to secure full restitution for these victims. On January 22, 2014 one of these cases will be heard by the United States Supreme Court in what will mark the first time a victim of crime has been directly heard about her rights before the highest court in the nation.    
  • September 6
    For years, NCVLI has been leading the fight in federal courts to secure full restitution for child-victims of sexual abuse whose images are preserved and viewed by others.  This week we took the fight into state court in Oregon in the case State v. Culbertson.  As we said in our brief, “‘Simply put, defendant committed a crime and should pay restitution for that crime.’”  Click here to learn more.
  • August 19
    Our latest publication Ensuring Full Restitution for Crime Victims: Polyvictims as a Case Study in Overcoming Causation Challenges identifies emerging challenges to recovering full restitution for victims, and provides legal arguments and practical tips for overcoming these hurdles. The financial burden of victimization must rest with the perpetrator not the victim if the justice system is to properly function.  This latest Victim Law Bulletin is one component of our effort to advance the law and change the landscape of restitution.  Later this month we are filing a brief in the United States Supreme Court seeking full restitution for a victim.  Stay tuned! To download a PDF version of this publication, click here. 
  • April 22
    Oregon mom goes after convicted molester who refused to pay restitution from PERS account
  • March 12
    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.  As part of this fight we are working on four restitution cases pending in appellate courts right now!
  • January 6
    In our ongoing effort to ensure victims’ have a voice before the United States Supreme Court and to fight for full restitution for children who have been sexually exploited and filmed (a.k.a. child abuse image victims or victims of child pornography), NCVLI teamed up with the University of Pennsylvania Law School Supreme Court Clinic in late December to file an amicus curiae brief in support of a petition for review before the U.S. Supreme Court. The New York Times Magazine published a moving front page story about this issue, “The Price of a Stolen Childhood,” in their Sunday, January 27th, 2013 edition.
  • October 10
    On October 1, 2012 the Fifth Circuit Court of Appeals found that victims depicted in child abuse imagery have a right to restitution when a defendant is found in possession of the images, regardless of whether the defendant created or distributed them.  This ruling is significant for victims of these crimes, whose images are often spread widely among networks of criminals who view their abuse, resulting in thousands and thousands of viewings. 
  • July 11
    Defendant pled no contest to felony vandalism of the victim’s pickup truck, and the trial court ordered $2,812.94 in restitution—the amount an automotive body shop estimated it would cost to repair the extensive damage caused by defendant’s criminal conduct.  Defendant appealed, arguing that the trial court should have capped restitution at $950, the price the victim originally paid for the used truck. NCVLI participated in this proceeding as amicus curiae, arguing to protect a victim’s right to restitution. Click above to learn more about this case.
  • February 16
    NCVLI recently filed an amicus brief in the Oregon Court of Appeals in support of the victim’s right to restitution.  NCVLI urged the appellate court to hold the defendant responsible for the consequences of her criminal activity and affirm the restitution order.  As NCVLI argued, to do otherwise would improperly and unfairly place the financial burden on the victim to pay for the harm caused by defendant’s conduct.
  • December 22
    NCVLI will be moving to participate as amicus curiae in an upcoming case involving the interpretation of Oregon’s restitution statute. The defendant, who was convicted of manslaughter in the second degree, is appealing the restituion ordered to the victim’s family, arguing that these expenses were not “necessarily” incurred, as required under Oregon statute.
  • June 18
    Read about our involvement in a Tennessee drunk driving case.
  • May 28
    When a child has been abused, restitution is necessary to pay for much needed counseling on the long road toward recovery.  NCVLI is working on a case where the abuser is trying to dodge paying.
  • May 3
    NCVLI is fighting to ensure restitution for a veteran whose stolen items were of sentimental value rather than market value. 
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