Law Students Fight For Victims' Rights Year Round
Victims of crime in Idaho are guaranteed the right to be treated with fairness, respect, dignity and privacy throughout the criminal justice process. They are granted the right to timely disposition of the case, and to restitution as provided by law.
However, if these or other rights are violated during criminal proceedings, unrepresented victims of crime also can become victims of circumstance.
“The rights of crime victims in Idaho are outlined in Articles 1 Section 22 of the state constitution," noted Carole Wells, Moscow attorney, professor of law, and director of the University of Idaho College of Law's Victims’ Rights Clinic. "Section 19-5306(4) of the Idaho Code states that if a victim’s rights are violated, there is no recourse, no right to sue and a very limited appeals process.”
“That’s why it’s so important for someone to be standing up for the victim – right at the time the rights are violated – so that the issue can be rectified right then and there," she said. "If you let it go, there is not much you can do about it later.”
The Victims’ Rights Clinic provides legal representation to victims of crimes ranging from arson to embezzlement, but most often, to victims of domestic violence and sexual assault. Immediate family members of child victims or homicide victims also are eligible. Clinic students hold limited licenses to practice law, granted by the Idaho Supreme Court.
Students participate in the Victims’ Rights Clinic for class credit, and work under the supervision of experienced attorneys on the College of Law faculty.
“As advocates, we provide legal representation, advice, research, and referrals to additional victims’ resources and agencies, and act as liaisons between the victim and the law enforcement agency and prosecutor,” explained third-year law student Morgen Reynolds, who currently works in the Moscow clinic. “The clinic has allowed me to gain practical legal experience by working directly with clients, and I will have the opportunity to appear in court.”
“So much of law school is learning law, reading cases, which of course are things you will do in the real world, but with the clinic, I’ve had the chance to be in a courtroom and argue a motion before a judge," said Thomas E. Rodgers II, third-year law student and clinic participant. "That has been an invaluable experience.”
“Students who are drawn to take the clinic class want to have that interaction with clients,” said Wells. “They want to help people. I think that’s what great about this group of students: They want that hands-on experience of helping someone by using their legal education. And that’s the best part about being a lawyer.”
The Victims’ Rights Clinic is the only one of its kind in Idaho. The Moscow clinic is located in the College of Law building, room 10, at Sixth and Rayburn streets in Moscow. It is open 8 a.m. to 5 p.m., Monday through Friday. Walk-ins are welcome. Legal services are provided free of charge for all College of Law clinics, and the Victims’ Rights clinic has no income eligibility requirement. The clinic also serves clients from Coeur d’Alene, Lewiston and other surrounding areas.
Clinic clients have criminal cases pending or being investigated by law enforcement. Cases are selected on merit and on their educational value to students.
Clinics are designed to prepare students to be effective lawyers and to provide access to legal services for underserved populations, through a service-based educational program integrating theory with application, and practice skills with ethical values.
Law students and faculty also provide free legal services through the college’s Appellate Clinic, General Clinic, Small Business Legal Clinic, Tax Clinic, Tribal and Immigration Clinic, and Domestic Violence and Sexual Assault Clinic.
For more information on how to access these services, or additional information about the College of Law, visit www.law.uidaho.edu.