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"We passed laws affording victims' rights and those rights have been on the books for 30 plus years, in most jurisdictions. But, we have to take the next step which is rights enforcement. That really does mean holding the [criminal justice system's] feet to the fire to treat victims' rights as legal rights [and holding them more accountable]." - Meg Garvin, JD - Executive Director, National Crime Victims Law Institute (2010 NCVRW DVD)
Crime Victims' Rights Enforcement - A Call To Action!
Our team continues to be at the forefront of crime victims' rights education and enforcement focusing on improving the treatment of victims/survivors and compliance. We are working hard to ensure that victims/survivors are aware of their rights, are afforded their rights, and provide support with rights violations. We are also working diligently on developing remedies for victims/survivors who have substantiated rights violations. Education and enforcement are vital, but advocacy is also key to influencing change. Therefore, we are collecting data and sharing it with policy-makers, so they can make informed decisions about the treatment of victims/survivors and improve accountability.
Support our online rights violation complaint system Click Here
We are tracking the data and keeping count!
Current Advocacy Efforts
This legislative session, the CV1 team will update legislators on our progress. Last session, we introduced legislators to the concepts of victims' rights compliance, enforcement, rights violations, and possible solutions and models to address complaints from victims/survivors regarding rights and process violations.
CV1 will inform them that we have launched our nonprofit victims' rights resource center and legal clinic, and that we received small foundation grants and private donations to enhance our website, services, and programs. Finally, we continue to explore partnerships and funding to support our services and programs.
As always, we will continue our long-terms goals related to the following:
1. Establish legislative approval for funding to support crime victims' rights enforcement programs.
2. Establish legislative authority for enforcement programs.
3. Establish legislative remedies for victims/survivors whose rights are violated.
4. Clarify existing legislative language to support enforcement.
5. Develop new legislation, if needed.
IMPORTANT: Texas is a leader in drafting legislative/constitutional language that provides crime victims with standing (enforcement), remedy (voiding*), and review (standing/writs). However, until CV1 there has not been an entity to help explain or provide assistance with these legal concepts. CV1 has created a process based on a proven civil rights model. We need your support. It's time to take action! Help us implement our Victims' Rights Complaint Process
Victims' Rights Violations - Legal Cases
Texas
(Right to Dignity, Fairness, Respect/Right to Enforcement/Right to Standing
State ex. rel. Holmes v. Blanford, 764 S.W.2d 593, 594 (Tex. Crim. App. 1989) (issuing writ).
(Right to Confer/Meet with Prosecutor)
Texas Judge Finds No Victims' Rights Violation
(Right to Confer/Meet with Prosecutor)
Court of Appeals Overturns Decision in Texas
Nationwide
(Right to Respect, Dignity, Fairness/Right to Protection/Right to Privacy)
United States v. Mitchell, No. 2:08CR125DAK, 2010 WL 890078 (D. Utah Mar. 8, 2010)
(Right to Participation/Victim Impact Statements)
United States v. Burkholder, No. 08-50446, 2010 WL 47562 (9th Cir. Jan. 8, 2010)
United States v. McElroy, No. 09-11810, 2009 WL 3807157 (11th Cir. Nov. 16, 2009)
Abromats v. Wood, Nos. S-08-0195, S-09-0196, 2009 WL 2517175 (Wyo. Aug. 19, 2009)
United States v. Clark, No. 08-1808, 2009 WL 1931172 (3d Cir. July 7, 2009)
(Right to be Heard)
United States v. Mitchell, No. 2:08CR125DAK, 2009 WL 3181938 (D. Utah Sept. 28, 2009)
(Right to Notification/Right to Attend)
United States v. Mahon, No. CR 09-712-PHX-DGC (D. Ariz. Jan. 4, 2010)
More National Cases - See NCVLI Examples
Additional Information
Overview of Victims' Rights Enforcement Initiatives in United States
Standing to Enforce Victims' Rights Violations
Third Wave of Victims' Rights: Standing, Remedy, and Review
Crime Victims' Rights: From Illusion to Reality
Brief Recommends Texas Create Victims' Rights Ombudsman
Overview Texas Reports on Victims' Rights
Examples of Possible Victims' Rights Violations
Compliance Statistics by Victims' Rights in Texas
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