Forfeiture by wrongdoing is a longstanding exception to a defendant’s Sixth Amendment right to confront the witnesses against him. If a defendant causes a witness to be unavailable for trial through his wrongful acts, with the intention of preventing that witness from testifying, then the introduction of the witness’s prior testimonial statements is not barred by the Confrontation Clause of the Sixth Amendment of the United States Constitution. This resource will review the origins and requirements of forfeiture by wrongdoing, examine its utility in domestic violence cases, outline trial strategies, and provide a checklist for hearings on forfeiture.
Betraying the Badge: Officer-Involved Domestic Violence
Batterers who wear a badge can misuse their professional training and authority as weapons against their victims. Officers who are victims of intimate partner violence may be reluctant to identify as victims and may face negative professional consequences for reporting, or failing to report, the abuse. This webinar addresses: the complex dynamics of violence when one or both parties are in law enforcement; effective management of simultaneous administrative and criminal proceedings; provision of appropriate services for victims; and the mitigation of consequences for victim-officers who recant, fail to appear, or otherwise decline to participate.
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.
#GUILTY: Identifying, Preserving, and Presenting Digital Evidence
Unfortunately, as technology becomes more integral to our lives, offenders increasingly misuse technology to facilitate crimes against women, and as a means to assert power and control in the course of an intimate partner relationship. This webinar demonstrates how cyber investigations can be used to reveal evidence of criminal activity, as well as evidence of the power and control dynamics of an abusive relationship. The presenter discusses theories of admission, rules of evidence, and case law using “real life” examples to demonstrate how to properly authenticate and introduce digital evidence in civil and criminal proceedings.
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.
Kansas Coalition Against Sexual and Domestic Violence (KCSDV)
AEquitas Attorney Advisor Jonathan Kurland, along with consultant Tom McDevitt delivered a series of presentations, included “Investigation and Prosecution of Sexual Violence,” “Introducing Expert Testimony in Sexual Assault Cases,” “Safeguarding Victim Privacy: Ethical Considerations and a Plan of Action for Prosecutors and Victim Attorneys,” and “#GUILTY: Identifying, Preserving, and Admitting Digital Evidence” in Wichita, Kansas.
University of Delaware Law Enforcement Training
AEquitas Attorney Advisor Jonathan Kurland presented “Alcohol Facilitated Sexual Assault” and “Image Exploitation” in Newark, Delaware for an audience of corrections personnel, dual sexual/domestic violence program staff, and law enforcement officers.
International Visitor Leadership Program: Cabo Verde
AEquitas met with a group of international visitors from Cabo Verde as part of the State Department’s International Visitor Leadership Program for their program “Fighting Sexual Gender Based Violence and Sexual Violence Against Children.”
Law Enforcement Response to and Investigation of Domestic Violence, Dating Violence, and Stalking
AEquitas Attorney Advisor Jane Anderson and SPARC Director Jennifer Landhuis delivered a series of presentations delivered a series of presentations on domestic violence, dating violence, and stalking on behalf of the National Sheriffs’ Association (NSA) in Oklahoma City, Oklahoma to an audience of law enforcement officers.
Best Practices Training
AEquitas Attorney Advisor Jane Anderson presented on “Special Issues for Prosecutors Certifications and Discovery” and “Human Trafficking & T Visas” on behalf of the National Immigrant Women’s Advocacy Project (NIWAP) in Morrow, Georgia to an audience including sexual assault/domestic violence program staff, law enforcement and prosecutors.
Technology and Advocacy Statewide Training
SPARC Director Jennifer Landhuis and Retired Sgt. Mark Kurkowski presented series of presentations including, but not limited to, “Stalking Prevalence, Dynamics and Behaviors,” “The Intersection of Stalking, Domestic Violence and Sexual Assault” and “The Use of Technology to Stalk” on behalf of the Florida Coalition Against Domestic Violence (FCADV) in Clearwater, Florida.
National Training Institute on Protection Order Practice for Attorneys and Advocates
SPARC Director Jennifer Landhuis presented “Working with Victims of Stalking in Protection Order” at on behalf of the National Center on Protection Orders and Full Faith & Credit to an audience of dual sexual assault/domestic violence program staff.
