Table of Contents
Preface iii
Figures ix
Tables xi
Summary xiii
Abbreviations xxiii
Chapter 1 Introduction 1
Topics Addressed in the Process Evaluation 2
Evaluation Methods 4
Layout of the Monograph 6
Chapter 2 The Development of Crime Victims' Rights in the United States 9
Enforceability of Crime Victims' Rights 12
Chapter 3 National Crime Victim Law Institute and Clinic Goals 15
Clinic Grant Requirements 18
NCVLI Support for the Clinics 19
General Organizational Support 20
Direct Legal Technical Assistance 20
Fostering Peer Support 20
Chapter 4 Victims' Rights Developments in Clinic States 23
Victim Standing 23
Arizona 24
Maryland 25
Utah 26
South Carolina 27
New Jersey 28
New Mexico 28
Colorado 29
Idaho 29
Laws That Further Crime Victims' Representation in Criminal Matters 29
Crime Victims' Right to Privacy 30
Other Changes 32
Chapter 5 Clinic Operations 33
Type of Business Model 34
Law Clinic Model 34
Statewide Victim-Service Provider Model 35
Other Partnership Models 36
Independent Law-Firm Model 37
Use of Pro Bono Attorneys and Student Help 37
Addressing Victims' Nonlegal Needs 41
Chapter 6 Outreach and Sources of Clients 43
Referral Sources 44
Case Load Size and Composition 46
Rights Issues Dealt with in Cases Opened by the State Clinics 48
Geographic Diversity of Case Load 50
Chapter 7 Clinic Work in Trial Courts 53
Standing to Appear Before the Court 53
Clinics' Approach to Trial-Court Advocacy 55
Victims' Rights Issues 58
Precharge Cases 59
Confer with the Prosecutor 59
Right to Privacy 60
Right to Be Heard 60
Right to Review the Presentence Report 61
Other Types of Assistance 61
Federal Cases 62
Chapter 8 Clinic Work at the Appellate Level 63
Clinic Cases Representing Victims 64
Clinic as Amicus 69
Chapter 9 Implementation Challenges 73
Resistance to Change 73
Staff Turnover or Inexperience 74
Demand for Services 75
Sustainability 76
Chapter 10 Clinic Successes and Promising Practices 79
Offering Help to Prosecutors 79
Offering Free Continuing Legal Education Training for Pro Bono Attorneys 80
Writing Detailed and Well-Researched Briefs on Victims' Rights Issues 80
Being Willing to Take a Risk 81
Using Losses to Spur Change 81
Positioning the Clinic as the Expert on Victims' Rights 81
Gaining Word-of-Mouth Referrals 81
Offering Services to Victims in High-Profile Cases 82
Thinking Outside the Box on Sustainability 82
Chapter 11 Conclusions and Recommendations 83
Thoughts on the Future of the Demonstration Project 84
Thoughts on Future Evaluation Work 87
Final Thoughts 88
References 89
