This resource outlines effective prosecution strategies for cases where witness intimidation is, or may be, a factor. It provides guidance for prosecution practices that will enhance the safety of victims and witnesses. The paper discusses the first steps a prosecutor should take upon being assigned a case in which witness intimidation is, or may be, an issue. It then discusses strategies for the various phases of a criminal prosecution, from pretrial through the final pretrial conference. Finally, the paper discusses sentencing considerations, including the need for appropriate post-release conditions that enhance the ongoing safety of victims and witnesses.
Ohio v. Clark: A Bit of Confrontation Clarification, A Few Tantalizing Hints
The United States Supreme Court decision in Ohio v. Clark has been heralded by many prosecutors and legal scholars as significantly broadening the admissibility of evidence under the Confrontation Clause, as interpreted by Crawford v. Washington and its progeny. The decision does not break startling new ground, however; rather, the Court’s decision is one that flows more or less naturally from the Court’s previous pronouncements about what it is that makes a hearsay statement testimonial, and therefore inadmissible at trial unless the witness is subject to cross-examination, either at trial or (in the case of a witness unavailable for trial) at a prior proceeding. This article reviews the opinion’s direction and guidance to trial courts (and prosecutors) about the admissibility of statements made to individuals not affiliated with law enforcement, as well as statements made by children or others who may be limited in their ability to grasp the notion of potential future prosecution. The article discusses the importance of the opinion’s deviation from the language used in previous decisions—a distinction that promises to fuel the ongoing debate about the future of Confrontation Clause jurisprudence.
Ohio-v.-Clark-A-Bit-of-Confrontation-Clarification-A-Few-Tantalizing-Hints-SIB30
A Prosecutor’s Reference – Medical Evidence and the Role of Sexual Assault Nurse Examiners in Cases Involving Adult Victims
Prosecutors should consider the potential testimony that can be provided by Sexual Assault Nurse and Sexual Assault Forensic Examiners (SANEs/SAFEs). This monographs evaluates studies that show connections between medical-forensic examination and evidence collection and more positive criminal justice outcomes, leading prosecutors to consider the potential testimony that can be provided by these kinds of medical experts.
Intimate Partner Violence Victims Charged with Crimes – Justice and Accountability for Victims of Battering who use Violence Against their Batterers
There are many dilemmas facing police, prosecutors, and allied professionals who deal with domestic violence, especially in cases where battered women have been charged with crimes. This monograph focuses on cases involving victims of battering who were charged with crimes against their abusers. These cases are particularly challenging to prosecute because they usually involve prosecuting someone whose actions derive from the complaining witness’s ongoing abuse. The paper examines strategies for dealing with these cases is ways that are just and safe for the parties involved.
Witness Intimidation – Meeting the Challenge
Witness intimidation can hinder the investigation and prosecution of any criminal case, but it presents predictable challenges in certain categories of crime. Where the defendant has a pre-existing relationship with the victim, or in cases involving gangs or organized crime, the defendant often has the ability, directly or indirectly, to continue to inflict harm upon, or to exercise influence over, the victim or witness long after the precipitating criminal act. This monograph explores the form of witness intimidation, offers strategies to prevent and minimize its effects, suggests trial strategies for cases involving witness intimidation, including the use of forfeiture by wrongdoing as a means of admitting hearsay statements where a defendant has caused a witness’s unavailability for trial.
Maryland Lawmakers Call for Uniform Police Standards on Rape Kits
Congress unanimously passed legislation in September creating a similar Survivors Bill of Rights in federal cases. “I am hopeful that we can garner the same kind of bipartisan support for this issue” in Maryland, Hettleman said. More than half of the states have laws mandating a minimum time period to retain evidence in sexual assault cases, according to research by AEquitas, an organization that offers support and training to prosecutors who handle cases of sexual and domestic violence.
NYPD Captain Suggests ‘True Stranger Rapes’ are More Serious than Others
Jennifer Gentile Long, the CEO of AEquitas, a group that advises prosecutors in sex crime cases, noted that research consistently shows that the overwhelming majority of sexual assaults are perpetrated by someone the victim has met. “Very few rapes are by strangers dragging people off the streets,” she said. “One of the best weapons a rapist has is to get a victim in a position where they may be trusting, feeling like they know this person.” She added that many serial rapists commit assaults against both strangers and acquaintances. Recent movements to test large backlogs of rape kits have found many serial rapists that were identified to police in the past but allowed to go free because the accuser was an acquaintance, and her report was dismissed or minimized. “If you’re missing those cases where people know each other, it’s problematic for capturing serial rapists” who frequently target strangers.
State Considers Requiring Corroboration in Sex Assault Cases
New Hampshire lawmakers are considering a sexual assault bill that police and prosecutors warn would protect pedophiles and sexual predators but proponents say would prevent wrongful convictions. Thirty-six states don’t require corroboration and most of the remaining states that do require it in limited circumstances, said Jennifer Long, chief executive officer of AEquitas, a group that provides resources for prosecutors on violence against women.
N.J. Likely Under-Reports Sexual Abuse Behind Bars, Experts Say
Sexual abuse investigations are rare in New Jersey’s prisons, and convictions are even less common, according to an NJ Advance Media review of state and federal data. But experts warn those statistics don’t paint a true picture of what’s happening behind bars. One of the biggest impediments to addressing the problem is that prison sex abuse investigations are among the toughest cases they handle, according to current and former prosecutors. “The reality is we have not done a great job in the criminal justice system in investigating and prosecuting these cases,” said Jennifer Gentile Long, the CEO of AEquitas: The Prosecutors’ Resource on Violence Against Women. Long said prison culture can make sexual assault investigations in those facilities even more difficult than such investigations on the outside. For one, sexual abuse is rarely reported at all, whether it happens in prison or in somebody’s home. What’s more, she said, prisoners often experience intimidation, either by prison staff or other inmates, and are used to not being believed because of their criminal histories. “When you’re literally in a space controlled by people close to your assailant and there have been other people who have complained and their reports were not taken seriously or they were retaliated against, victims can be silenced,” Long said.
The ‘Adult’ Section Might be Closed but Miami Sex Workers Still on the Job
Despite intense police and government scrutiny of the website — which last month led Backpage’s operators to shutter its notorious “adult” section while complaining about government censorship — the reality is that not much has changed. The world’s oldest profession continues to openly ply its trade in South Florida and elsewhere. [ . . . ] “It would be a mistake for investigators or prosecutors to assume that trafficking will decrease because of the shutdown of Backpage’s escort ads,” said Jane Anderson, a former Miami-Dade assistant state attorney who now works for AEquitas, an anti-human trafficking resource organization for prosecutors. “In fact, investigators and prosecutors must now be even more proactive and resourceful to uncover trafficking that is occurring on lesser known websites, including other areas of Backpage.”
