Practitioners’ Toolkit — Victim Rights Toolkit & Enforcement
Rights Enforcement Toolkit
Victims’ rights are rights personally held by crime victims that can be legally asserted during a criminal case. Independent legal representation is absolutely critical to making these rights meaningful. This Toolkit contains tools to help practitioners effectively assert and seek enforcement of their clients’ rights. For use and distribution of Toolkit materials, reference the information at the end of this page.
Rights Enforcement Toolkit
The Rights Enforcement Toolkit has four parts: Foundations, Pretrial, Trial, and Post-Trial.
Whether you are entering a case pretrial, during trial, or post-trial, reviewing all of the tools is critical because victims’ rights can be implicated at any stage of the proceedings. These tools include: video tutorials that explain key rights and practices; flowcharts that guide you through when and how to assert those rights; checklists to help ensure that you are making the best strategic arguments; and sample court filings to support your litigation efforts.
The Rights Enforcement Toolkit is meant as an overview; because every case is complex and every survivor unique, NCVLI’s legal team is ready to provide in-depth technical assistance.
Foundations of Representation
Victims’ rights attorneys are critical to making victims’ rights meaningful. This section of the Toolkit includes video resources containing foundational information from which to build a strong, effective victims’ rights practice.
A few featured videos from this Toolkit are included below; for a comprehensive playlist covering the basics of victims’ rights representation, please visit the YouTube playlist Foundations of Representation.
Core Concepts
Victims’ Rights 101
Other playlists for attorneys are available on NCVLI’s YouTube channel, including:
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- Basics of Rights Litigation: A curated set of videos focused on enforcing victims’ rights in court.
Pretrial
STANDING
Video: Victim Standing & the Ethics of Representation
ENTERING A CASE
Tutorial Video: Notice of Appearance
Video: Activating Rights and Issue Spotting
CONFERRING WITH PROSECUTION
Privacy & Protection By Pseudonym
Tutorial Video: Protecting Identity
Flowchart: The Legal Arguments
Responding to Subpoenas
Tutorial Video: Motion to Quash
FlowChart: Responding to Third Party Subpoenas
Sealing & Redacting Documents
Trial
Post-Trial
Right to Notice and Information Resource Sheet
Video: Toolkit Notice and Information Post-Conviction
Sample Cases: Thinking Broadly About Restitution
Checklist: Challenging Restitution
Checklist: Restitution-Related Rights
For additional information about restitution and other forms of financial recovery, visit Restitution & Other Financial Recovery
Video: Post-Conviction Restitution
Video: RRC Making Restitution Meaningful – Part 1
Video: RRC Making Restitution Meaningful – Part 2
Use and Distribution Information:
The resources and videos that comprise NCVLI’s Rights Enforcement Toolkit are copyrighted and may be used for training/educational use without further permission, as long as the National Crime Victim Law Institute’s authorship is explicitly acknowledged in the training materials, along with a link to NCVLI’s website (www.ncvli.org). For all other permissions, please send your inquiry to ncvli@lclark.edu.
Portions of this Toolkit were originally supported by Grant No. 2012-TA-AX-K030, awarded by the Office on Violence Against Women, U.S. Department of Justice and others supported by Grant Nos. 2017-VF-GX-K026, 2018-V3-GX-K018, and 2020-V3-GX-K022. The opinions, findings, conclusions, and recommendations expressed in these materials are those of the author(s) and do not necessarily reflect the views of the Office on Violence Against Women, U.S. Department of Justice or the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice.
