The attacks in New York City on 9/11 brought together a nation that every year since has unified on social media and internet outlets under “#9/11” and “#NeverForget.” When a mass shooting at an elementary school in Newtown, Connecticut claimed the lives of 20 children, as well as six adults on December 14, 2012, we prayed and posted: “#PrayForSandyHook” and “SandyHook.” The terrorism in Paris on November 13, 2015 bonded the world through posts and photographs captioning “#PrayForParis.”

“Pray for Paris” courtesy of [Bensun Ho via Flickr]

Following the police shootings and misconduct of Trayvon Martin, Michael Brown, Eric Garner, Tamir Rice, Walter Scott, and so many more, a movement ensued highlighting “#BlackLivesMatter,” which morphed into the debated “#AllLivesMatter” movement. We picketed. We rioted. We protested and stood divided across the nation. We demanded societal change. When a mass shooting claimed the lives of nine people at the Emanuel African Methodist Episcopalian Church, we worked to mend the broken community and sent virtual support with “#PrayforCharleston” demanding more stringent gun control laws and mental health screening.

We have been victims and survivors. We have been divided, yet banded together. We have fought and we have been loud. So where is our unifying and our fighting fervor now? Where is our voice recognizing the 380,000 Nigerian brothers and sisters living within the United States whose families and friends in Nigeria are experiencing sheer terror at the hands of Boko Haram?

Boko Haram, an Islamic militant group whose name loosely translates into “Western education is a sin,” has been waging a murderous war in the poorest part of Nigeria in an effort to overthrow the Nigerian government. While the group has been slowly establishing itself between 2005-2009, it gained worldwide recognition in 2014 when it kidnapped 276 schoolgirls, most of whom have not returned to their families to date.

Mohammed Yusuf, has, over the years, rallied a following to the group through the widespread distribution of his speeches on tapes. So far, his followers have treated human beings like animals–slitting throats without reprieve. In 2009, Yusuf was killed in a security bust, which left the elusive and merciless Abubakar Shekau in charge of Boko Haram. His unforgiving and relentless tactics to make Northern Nigeria an Islamic state have left almost 20,000 people dead–slaughtered. There have been approximately 2.5 million people displaced from their homes and villages, children parentless, mothers widowed, and mass graves full of innocent bodies.

Image courtesy of [EU/ECHO/Isabel Coello via Flickr]

The scariest part? Boko Haram has made good on essentially every threat and every hellish promise made. Most recently, Boko Haram took to bombing the village of Dalori, in the northeastern part of Nigeria, where 86 people were shot, burned, or killed by suicide bombs. A man hiding in a tree heard the shrieks and screams of the children trapped in burning huts as Boko Haram soldiers and supporters destroyed the city. Government troops were unsuccessful in overpowering the militant group.

Boko Haram has pledged its allegiance to ISIS/ISIL and its members have set out to spread terror upon all those who are not willing to join them in their absolutely extremist path to form an Islamic state.

So where is the coverage? Why has the U.S. mainstream media failed to highlight this horrific situation in any detailed capacity? Where are the Twitter feeds and Facebook posts flooding with “#PrayforNigeria” statuses? And where is the action? There has been no lack of military action against ISIS and its ideologies, so where is the same level of response to a terrorist organization that has pledged allegiance to ISIS and has killed thousands? Forget the basic human need and the widespread teachings of terror–are we just willing to help if we have some personal or political interest in mind?

As media dictates the important issues that today’s society will focus on, particularly during election year, has our censorship failed the people of Nigeria?

Ajla Glavasevic

Ajla Glavasevic is a first-generation Bosnian full of spunk, sass, and humor. She graduated from SUNY Buffalo with a Bachelor of Science in Finance and received her J.D. from the University of Cincinnati College of Law. Ajla is currently a licensed attorney in Pennsylvania and when she isn’t lawyering and writing, the former Team USA Women’s Bobsled athlete (2014-2015 National Team) likes to stay active and travel. Contact Ajla at Staff@LawStreetMedia.com.

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The hotly anticipated fight between boxers Floyd “Money” Mayweather and Manny Pacquiao was one of the hottest conversation topics last week, and it also sparked the number one article on Law Street, written by Alexis Evans. The number two article, also by Alexis Evans, focused on a lawsuit filed by a Nebraska woman, suing all homosexuals in the United States. Rounding out the top three articles of the week was a piece by Lewis & Clark Law School that takes a look at the meaning of victims’ rights in the U.S. justice system. ICYMI, check out the best of the week from Law Street.

#1 Will Pacquaio’s Real “Fight of the Century” Be a Legal Battle?

Ever since Floyd “Money” Mayweather defeated Manny “Pac-Man” Pacquiao in the supposed “Fight of the Century,” boxing’s fans have wondered if Mayweather would squash retirement rumors for a future Pacquiao rematch. However, the Filipino welterweight might be facing perjury charges instead of a rematch, after news broke that he lied about an existing severe shoulder injury on his pre-fight medical questionnaire. Read full article here.

#2 Nebraska Woman Sues “All Homosexuals”

Last week I wrote about the Supreme Court beginning to hear arguments in a historic gay marriage case that could potentially lead to same-sex marriage being approved nationally. And while many rejoiced at the possibility of loving couples across the country finally being able to marry in all 50 states, others adamantly disapproved, turning to their keyboards to share their objections online. However, one Nebraska woman took her opposition to same-sex couples to new heights by deciding to sue all homosexuals. Yes, you read that correctly, the defendant in this case is listed as “Homosexuals.” Read full story here. 

#3 Victims in the Justice System: What Are Their Rights?

An unfortunate reality of the world in which we live is that new crimes are perpetrated and new victims are created every day. There’s a firmly carved out space in our justice system–and by extension, our society–for offenders. But what about the victims of crimes? What spaces do they occupy in our justice system, and what rights do they have? Read full story here.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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An unfortunate reality of the world in which we live is that new crimes are perpetrated and new victims are created every day. There’s a firmly carved out space in our justice system–and by extension, our society–for offenders. But what about the victims of crimes? What spaces do they occupy in our justice system, and what rights do they have? Read on to learn about the pressing issues in victims’ rights, and what progress is being made to advocate for victims within our justice system.

What are victims’ rights?

The newly developing field of victims’ rights law comes from the theory that there needs to be a place for the victim in the justice system and within the victim’s own legal process. Currently there are two players in our traditional criminal justice system: the prosecutor and the defendant. However, victims’ rights advocates argue that this construction leaves little or no room for the victim of the crime, and that instead the victim is treated as another piece of evidence or as an aside. Victims’ rights advocates work to create a space for victims in the court room, or any other part of the legal process.

Much of victims’ rights theory is focused on the concept of agency: victims are independent people who should be able to play their own roles in the discussion of the crimes perpetrated against them. Often victims don’t have access to lawyers or advocates; victims’ rights law provides appropriate channels for their voices, and can involve appointing legal representation to victims.

Victims’ rights law is broad, amorphous, and serves as an umbrella for different aspects of how victims interact with the legal system. According to the Department of Justice, victims’ rights include:

1. The right to be reasonably protected from the accused.
2. The right to reasonable, accurate, and timely notice of any public court or parole proceeding involving the crime, or of any release or escape of the accused.
3. The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
4. The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.
5. The reasonable right to confer with the attorney for the government in the case.
6. The right to full and timely restitution as provided in law.
7. The right to proceedings free from unreasonable delay.
8. The right to be treated with fairness and with respect for the victim’s dignity and privacy.

One particularly important aspect of victims’ rights law is enforcement, or the ability of victims to actually assert themselves into a criminal case. The National Crime Victim Law Institute is at the forefront of the push to train lawyers in this discipline and support crime victims in the justice system.

National Crime Victim Law Institute

The National Crime Victim Law Institute (NCVLI), an institute housed within Lewis & Clark Law School in Portland, Oregon, is the foremost authority in victims’ rights law. Founded in 1997, the NCVLI “promotes balance and fairness in the justice system through crime victim centered legal advocacy, education, and resource sharing.” Among a variety of tools and initiatives, the institute trains actors in the justice system, from attorneys and judges to the victims themselves, on the scope and enforceability of victims’ rights. Additionally, the institute’s National Alliance of Victims’ Rights Attorneys provides a network of legal advocates who work for free on behalf of crime victims. The NCVLI also hosts the Crime Victim Law Conference, which is the only national conference of its kind that focuses on training and educating crime victim advocates. Watch the video below for more information on the conference.

Examples of Victims’ Rights

Right to Notice

The right to notice is a “gateway” right that needs to be afforded to victims, meaning that if a victim does not receive the right to notice, he will not be able to participate in the rest of the proceedings. The NCVLI sheds further light on this right. According to the NCVLI, the right to notice is the “right to advisement of the existence of crime victims’ rights and the right to advisement of specific events during the criminal justice process.” The right to notice can include that the victim receives notice for proceedings such as hearings, trials, or the possible release or parole of the person who perpetrated the crime against the victim. As with many of these rights, the ways to invoke the right to notice varies from state to state, and can sometimes require that a victim request notifications.

Right to Be Present

The right to be present, or the right of the victim to stay in the courtroom during the trial of the accused, used to generally be considered a given. According to the NCVLI, however, that changed in 1975 with the adoption of Federal Rule of Evidence 615 (and the adoption by many states in their rules of evidence as well), which allows for the sequestration of all witnesses, save a party representative from each side. If the victim is a witness, he will not be allowed to stay in the courtroom during the trial. While this rule prevents witnesses from having their testimony altered by what they observe in trial, it takes away the right to be present from victims. States have started to backtrack on this; many states now guarantee the right to be present, or leave it up to the states’ discretion, but there are still states where victims are excluded from proceedings.

Right to Be Heard 

The right to be heard deals specifically with victims’ ability to actively participate in the criminal proceedings of those who committed a crime against them. The right to be heard allows the victim to speak to the court at various stages, either verbally or through a written statement, although in many states how exactly this plays out is up to the court’s discretion. Points at which a victim may wish to address the court include release, plea, sentencing, and parole. In federal cases, the Crime Victims’ Rights Act (CVRA) allows the victim to reasonably address the court at proceedings such as parole, release, or plea hearings.

Right to Protection

A right to protection works to ensure that the victim will not be harassed or discriminated against because of his role in the proceedings, or for his status as a victim. This includes keeping the victim updated on the status of the offender, particularly when it comes to things like parole and release status, or if the offender escapes. Victims have the right to feel safe, even if they participate in the legal proceedings against the person(s) who wronged them.

Other Rights

There are significantly more rights that should be afforded to victims–the above list is not exhaustive. Other victims’ rights issues include the rights to due process, fairness, dignity, and respect; the right to information and referral; the right to apply for victim compensation; the right to proceedings free from unreasonable delay; the right to confer; the right to a copy of the pre-sentence report and transcripts; and the right to standings and remedies.

Victims and Attorneys

In a court case, the defendant is guaranteed access to an attorney, though whether or not he chooses to exercise that right is up to the individual. Victims, however, do not have the same right. Prosecutors are not attorneys for the victim–they are attorneys for the state, or the “people.” They don’t necessarily have to do what is best for the victim; they are required to do their job as sanctioned by the government.

On the other hand, attorneys for victims can advise them of their legal rights, and help them act upon them. These lawyers can advocate for the victims’ rights listed above in states where those rights are not guaranteed, fight for restitution in cases where victims owe medical bills or other related costs, ensure that a victim’s records are not allowed to be exploited, as well as many other ways in which a victim may need assistance.

Challenges in Victims’ Rights Law

Victims’ rights work is currently a rather small field of work. While the recognition of the need of victims’ rights law has grown over the last several decades, there are still very few lawyers, institutions, and funding available for the practice. In addition, victims’ rights law features some unique challenges, some of which are described below.

Changing the Culture

One of the largest problems to overcome for those working in the victims’ rights field is the current culture of our justice system, and the need for balance between victims’ and defendants’ rights. There are plenty of rights afforded by our constitution and other governing legal documents and procedures that protect defendants. For example, the Fourth, Fifth, and Sixth Amendments in the Bill of Rights. However, rights for victims aren’t similarly ingrained in our society; moreover, there are concerns that granting rights to victims takes away from the rights of defendants. Countering that culture and finding an appropriate balance is a struggle for those who work in the field of victims’ rights.

Funding and Time

Given that victims’ rights law is a relatively small field and requires a lot of work, those who work in the field do have a problem gaining funding. According to Meg Garvin, Executive Director & Clinical Professor of Law at the NCVLI, there are very few people who work in victims’ rights law particularly, and funding is hard to come by. As NCVLI points out on its website:

Did you know the average amicus curiae brief requires 140 hours of attorney time? Some briefs, including those to the United States Supreme Court, require much more time, and most also require payment of filing costs. The fair market value of just the attorney time on the average brief is $36,400.

Arguments Against Victims’ Rights

Those who work in victims’ rights law also have to deal with the debate over whether or not a move toward more robust and protected victims’ rights is appropriate. Critics of the field of victims’ rights law point to the logistical difficulties of including victims in proceedings, and again cite the need for witness sequestration. There is also concern over how to deal with crimes that have multiple victims, particularly if the victims all want different things or have contrasting views that may further complicate the case.

Furthermore, there are worries about the ethics of advocating for victims before the offenders are actually declared guilty. As Wendy Kaminer of the American Prospect puts it,

The practical problems posed by the victims’ rights amendment are, however, less daunting than its repressive ideology. It attacks the presumption of innocence. When we identify and legally empower a victim before conviction, we assume that a crime has been committed, although that is sometimes disputed at trial (think of an acquaintance rape case); we also assume the veracity and reliability of the self-proclaimed victim.

Conclusion

Victims’ rights law focuses on an important, seemingly often forgotten person in any case–the victim. Victims’ rights encompass almost every aspect of the justice system, from allowing victims the right to notice, to granting them an active role in proceedings. Victims’ rights law isn’t just limited to the courtroom, either, but plays a role in policy discussions and advocacy throughout our legal system. Advocating for the victim to play an active role can ensure that our justice system is as fair, effective, and representative as possible.

Resources

Primary

Office of the United States Attorneys: Crime Victims’ Rights Act

National Archives: Bill of Rights

NCVLI: Fundamentals of Victims’ Rights: A Summary of 12 Common Victims’ Rights

Office of Justice Programs: Office for the Victims of Crimes

NCVLI: Victim Law Library

Additional

American Prospect: Victims Versus Suspects

National Association of Victims’ Rights Attorneys: Pro Bono

ACLU: Factsheet on the Proposed Victims’ Rights Amendment

Lewis & Clark Law School

With robust practical skills options, flexible scheduling, and a faculty invested in your success, Lewis & Clark Law School is an ideal place to start a legal career. The school’s innovative programs, such as the NCVLI, CJRC, and the criminal law certificate program, offer students the opportunity to learn and work in a rigorous, collegial environment in scenic Portland, Oregon. Learn more at law.lclark.edu. Lewis & Clark Law School is a partner of Law Street Creative. The opinions expressed in this author’s articles do not necessarily reflect the views of Law Street.

https://law.lclark.edu/

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To blog about such a controversial topic like the use and possession of guns in the United States is something I want to tread carefully with. Everyone is entitled to his or her opinion surrounding the debate, but this week I could not help but question the legality of guns when coming across two particular cases.

On Thursday, Don Spirit killed his six grandchildren, aged from three months to 10 years old, and his daughter before turning the gun on himself. Spirit, whose case has been described as a murder-suicide, was someone who had already been involved in the criminal justice system. According to Fox:

In 2001, Spirit pleaded guilty to a charge of possession of a firearm by a convicted felon, after he fatally shot his 8-year-old son in the head in a hunting accident. Spirit, who also was convicted in 1998 for felony possession of marijuana, was sentenced to three years in prison for the shooting.

The details of the investigation are still in the very early stages, so it is hard to understand the motive — if there was one — the facts surrounding Spirit’s mental health, and his relationship with the victims. Aside from knowing these facts, I cannot help but wonder how Spirit even managed to have a gun after being convicted of a shooting in 2001? Gun accessibility legislation for ex-convicts really needs to be reconsidered in light of this case.

What I feel a lot of people fail to recognize is that the most common method of suicide in the United States is through the use of guns. According to the Centers for Disease Control and Prevention (CDC), in 2011 there were 39,518 deaths by suicide. An overwhelming amount of these deaths (19,990) were the result of firearms.  If we are a country that aims to protect our citizens and the rights of others, surely we should look out for ourselves just as much? If we have such easy accessibility to the weapons of our choice that could end our lives, should we not reconsider the laws surrounding them? Do not get me wrong, I am more than aware that the black market for firearms is an ever-growing underground business, but if we cannot efficiently manage the legal selling and keeping of licensed handguns, we have no hope to stop the illegal sales and handlings.

My point needs to be extended to the safety of those living with others who have access to guns. On the same day as the tragic deaths resulting from Spirit’s heinous act, a fifth grade boy was arrested in Michigan after being found to have stolen his grandfather’s pistol. Not only was the boy found with the gun, but he had also created a list of names in the back of his homework book of people he allegedly planned to harm. As a result of this discovery, the boy has been suspended from school for ten days, and could face possible expulsion. Again, this could be my criminological thinking coming out, but I cannot help but wonder whether this punishment will actually solve the problem of what the boy intended to do? I certainly do not think he should be given jail time, or any formal sentence, but I do think that he needs to be aware of just how serious his actions were. Why? Because if he is not aware of it, what is to stop him doing it all over again, and just being more careful.

I fear that in a culture where are part of normality, when conflict arises in such intense situations, sometimes the only resolution seems to be in the form of violence via the use of weapons. I personally do not think this reflects on the attitudes and actions of those involved in this violence, I think it is the instinct that they have been taught their entire lives, to protect themselves in an extremely lethal way. In order to enact firmer laws that protect our safety, we have to start working on understanding the reason for such laws. As someone who is British, and not used to the debate on the use of guns, one of the main things I have come to realize is that it is a right for US citizens to own a gun, and by restricting this right through legislation, essentially the country contradicts all it stands for. As hard as it is to stand back from what an entire population believes in, more awareness needs to be raised toward the consequences of guns, not just for now, but for the future.

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Hannah Kaye (@HannahSKaye) is originally from London, now living in New York. Recently graduated with an MA in criminal justice from John Jay College. Strong contenders for things she is most passionate about are bagels and cupcakes.

Featured image courtesy of [Auraelius via Flickr]

Hannah Kaye

Hannah Kaye is originally from London, now living in New York. Recently graduated with an MA in criminal justice from John Jay College. Strong contenders for things she is most passionate about are bagels and cupcakes. Contact Hannah at staff@LawStreetMedia.com.

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According to a statement released by the Department of Defense on August 27, 2014, United States Army General Officer Michael T. Harrison was forced to retire recently with a reduced rank after being found to have mishandled reports of sexual assault. As I read the article published by The New York Times, I was expecting to find that some form of criminal action had also been taken and that there would be some recognition of sympathy for those victims whose cases had been mishandled. Instead, the consequences of this general’s actions were to retire as a one star general, as opposed to a two star. No criminal action was taken, and no justice to the victims was given.

If you have seen the eye-opening documentary ‘The Invisible War,’ then you know that it raised awareness for the appalling number of victims who are involved in sexual assaults in military settings, but also that it spurred legislation ensuring investigations of abuse were handled efficiently, and justice was given to the victims. As can be seen with Harrison’s case, these incidents are still occurring and as a woman myself, I still do not feel like enough is being done.

Susan Brownmiller, an American journalist, describes sexual assault in military settings as an unfortunate but inevitable by-product of the necessary game called war. Quite frankly, the punishment Harrison received is nothing short of a joke. After the amendment of federal policies regarding sexual assault in the military two years ago, I question Congress as to why this is still happening? This game we call ‘sexual assault in war’ is unacceptable. According to “The Invisible War,”

‘Since 2006, more than 95,000 service members have been sexually assaulted in the U.S. military. More than 86 percent of service members do not report their assault, and less than five percent of all sexual assaults are put forward for prosecution, with less than a third of those cases resulting in imprisonment.’

These figures should be enough to not only change punishment for the mishandling of reports of sexual assault, but to help victims come forward and receive justice for their traumatic experiences. As of 2014, according to the Department of Veterans Affairs, federal law now defines Military Sexual Trauma (MST) as one of the most frequent diagnoses given to veterans of warfare. If we know that so many individuals suffer from such traumatic experiences, why isn’t policy being changed? Even more importantly, why aren’t those who are meant to protect us doing their jobs properly?

Each military force dominates the way reports and investigations of assault are handled. This ‘in house’ shambles of a system is essentially allowing officials to get away with their own wrongdoings. We are allowing individuals to commit acts without fear of punishment or consequence. In order to lower the rates of sexual assault in the military, the focus needs to be on controlling the environment, and providing an alternative system for report of misconduct. I am no expert in changing legislation, and I am no intellectual genius on the makings of policy, but I am certainly no fool to being aware that victims are suffering, and legislators need to wake up and realize that this type of consequence is normalizing military sexual assaults.

Our common coping mechanism for crime is imposing laws to regulate punishment to those who inflict pain and suffering. By imposing taking someone’s gold sparkly badge away and giving him or her a silver sparkly one instead because they essentially ignored someone’s suffering, is unacceptable. Sexual assault and abuse is not normal, regardless of the situation, regardless of the setting, and regardless of the perpetrator. In order to enable victims to report their abusers, and in order to protect future men and women from the pain and suffering so many veterans go through, something needs to change!

Now more than ever, I cannot wrap my head around the fact that our same country who is fighting to protect us from terrorism, our country who is fighting for the rights of the thousands of innocent individuals losing their lives in the Middle East, can also be the same country that contains individuals being sexually violated and then silenced by the same exact people who are meant to protect us.

Hannah Kaye

Hannah Kaye is originally from London, now living in New York. Recently graduated with an MA in criminal justice from John Jay College. Strong contenders for things she is most passionate about are bagels and cupcakes. Contact Hannah at staff@LawStreetMedia.com.

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