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Keep Calm and Understand Elonis v. U.S.

The decision of Elonis v. United States, 135 S.Ct. 2001 (2015), in which the United States Supreme Court reversed the defendant’s conviction for posting on Facebook threats to harm his wife and others, has caused a good deal of concern among prosecutors, civil attorneys representing victims in protective order proceedings, law enforcement, and advocates. The webinar analyzes the Court’s opinion, breaks down its meaning for the investigation and prosecution of cases involving online threats and stalking, and explains why the Elonis decision is not cause for alarm. The presenters, one of whom authored an amicus brief in the Elonis case, suggest strategies for charging and presenting evidence in cases involving threats or stalking on public forums, such as Facebook, to maximize the likelihood of a conviction that will stand up on appeal.

This webinar recording should qualify prosecutors for 1.25 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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It’s About Context, Not Character: Admitting Evidence Under R. 404(b)

Proving a crime of intimate partner violence challenges prosecutors to place the criminal act in the context of the relationship’s dynamic of ongoing power and control, with various forms of abuse that may span years or decades. The fullest possible picture of the relationship better enables the jury to understand the defendant’s motive and intent to inflict harm upon the victim. This can be done through admission of other crimes, wrongs, or acts under Federal Rule of Evidence 404(b) and equivalent state or tribal evidence rules or statutes. This webinar identifies types of evidence that may be admissible for purposes permitted under the Rule, suggests ways in which admissibility under the Rule can be argued, and discusses important considerations to avoid reversible error on appeal.

This webinar recording should qualify prosecutors for 1 hour of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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Introducing Expert Testimony in Domestic Violence Cases

Popular perceptions of how victims should respond to physical and emotional trauma often conflict with the way victims actually behave; these misconceptions can severely affect the fact finders’ assessment of victim credibility and, ultimately, the case outcome. Introducing expert testimony to explain victim behavior is a way to dispel myths and assist the jury in making an informed decision based on the evidence. This webinar describes common victim behaviors and dynamics in intimate partner violence cases, as well as their impact on fact finders’ assessments of victim credibility. The presenter discusses the law related to the admission of expert testimony to explain victim behavior and suggests ways to identify qualified experts. The presentation highlights the importance of deciding whether to introduce expert testimony in a case and explains the value of consulting with experts during trial preparation regardless of whether such testimony will be introduced.

This webinar recording should qualify prosecutors for 1 hour of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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Integrating a Trauma-Informed Response

Short- and long-term reactions to trauma manifest in a variety of behaviors that may have an impact on a victim’s ability to participate in the criminal justice process. In order to keep victims safe and engaged throughout the process, allied professionals must ensure that their interaction with victims and their decision-making take into account the wide-ranging effects of trauma. This webinar addresses how to recognize the signs and symptoms of trauma following a crime of violence. The presenters discuss strategies for conducting thoughtful and effective victim interviews, collaborating with allied professionals to achieve a fully integrated trauma-informed approach, and explaining victim behavior at trial.

This webinar recording should qualify prosecutors for 1.5 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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Ethical Considerations for Prosecutors in Intimate Partner Violence Cases

Intimate partner violence cases present unique ethical challenges related to victim privacy and confidentiality, prosecutorial discretion, recantation, and disclosure of evidence. Achieving justice in intimate partner violence cases requires prosecutors to have a firm grasp of their legal obligations as well as their ethical responsibilities throughout each stage of the criminal justice process. This recording addresses ethical considerations in the context of charging decisions, immunity, compulsion of victim testimony, Crawford, and the investigative function of a prosecutor. The presenter uses hypothetical case scenarios to challenge prosecutors to evaluate their decision-making in the context of ethical rules and principles.

This webinar recording should qualify prosecutors for 1 hour of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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Economic Justice for Victims

Economic abuse is one of the many ways that abusers achieve and maintain power and control over their intimate partners. Many such acts are criminal in and of themselves but are frequently overlooked when the focus is on physical abuse. Moreover, economic barriers prevent many victims from securing safety for themselves and their children. This webinar recording explores the ways in which economic insecurity and economic abuse affect victims and will suggest strategies to achieve economic justice in cases involving intimate partner violence, stalking, sexual violence, and human trafficking.

This webinar recording should qualify prosecutors for 1 hour of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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Disarming the Batterer: Intimate Partner Violence and Firearms

Firearms are the most frequently used weapons in intimate partner homicide, eclipsing all other weapons combined. As prosecutors, it is our responsibility to make the most of the available tools at our disposal to disarm violent offenders and increase the safety of victims and our communities. This webinar discusses: the danger posed by firearms in the hands of batterers; firearms prohibitions for domestic violence offenders under federal or state law; recent U.S. Supreme Court decisions interpreting federal firearms prohibitions; the importance of firearms surrender protocols.

This webinar recording should qualify prosecutors for 1 hour of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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Criminal Meets Civil: Coordinating Our Response

Prosecutors know that a coordinated response to intimate partner violence provides maximum support to victims. Prosecutors and attorneys representing victims in civil proceedings are equally dedicated to victim safety, but may not always fully appreciate the value and limitations of each other’s role in the process. This presentation highlights the importance of coordination between prosecutors and victims’ civil attorneys and suggests ways they can work together to identify helpful evidence that will be admissible in the criminal case. The presenter also explores ways in which civil proceedings in family or other civil courts can support the victim while the criminal case is pending.

This webinar recording should qualify prosecutors for 1 hour of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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Context is Everything: Battered Women Charged with Crimes

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. Mandatory arrest policies can lead to the arrest of victims exercising their right to self-defense or otherwise acting in response to the dynamics of the violent relationship. This webinar emphasizes the importance of contextual analysis in evaluating criminal responsibility at all stages of the criminal justice process. Such analysis will help to ensure that the dynamics of domestic violence are properly factored into decisions about arrest, charging, plea negotiations, and sentencing, and will enhance the quality of justice for those who have been victims of abuse.

This webinar recording should qualify prosecutors for 1.5 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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Body-Worn Cameras and Gender-Based Violence: Practical Considerations from the Prosecution Perspective

Over the past decade, law enforcement’s use of body-worn cameras (BWCs) has significantly increased. While BWCs can provide helpful evidence in cases involving gender-based violence (GBV), their use may also adversely impact victim safety and privacy. This webinar discusses many of the issues law enforcement, prosecutors, forensic examiners, and other allied professionals must consider when BWCs are used in GBV investigations. The presenter describes the importance of multidisciplinary collaboration – at the local, state, and federal levels – in order to develop effective BWC policies that address victim safety, privacy, and autonomy. The presenter also addresses issues such as deactivation of a BWC at appropriate points during the investigation; privacy and safety considerations; discovery, redaction, and protective orders limiting dissemination; and requests under freedom of information or open records statutes.

This webinar recording should qualify prosecutors for 1 hour of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

Please note: The audio recording had a few technical glitches. There are a few brief gaps where the training paused in order to reconnect. Please excuse these disruptions.