In proving a case of intimate partner violence, sexual violence, stalking, or human trafficking, it is often crucial to introduce evidence that the defendant has committed some other crime or bad act—usually before or after the charged crime. Such evidence is often viewed with caution by trial and appellate courts, because of the perceived risk that juries will convict the defendant based upon evidence that they committed some crime other than the one charged or that the defendant is a bad person and therefore probably guilty of the charged crime. Prosecutors should file pretrial motions in limine any time they anticipate introducing evidence of a defendant’s crimes or other bad acts, regardless of whether such a motion is required by law. It is important to identify, and to argue, any potentially applicable grounds for admission. This article describes the theories under which evidence of other bad acts might be admissible, depending on the law of the jurisdiction, gives examples, and offers further resources to help prosecutors overcome specific objections.
Williams v. Illinois and Forensic Evidence: The Bleeding Edge of Crawford
The application of Crawford principles in the context of forensic evidence continues to plague the criminal justice system. The United States Supreme Court’s decision in Williams v. Illinois raises more questions than it answers about when and how an expert may testify to conclusions based upon the opinions or work of other (non-testifying) experts or technicians. This webinar reviews the relevant case law, and explores how trial prosecutors can present a case involving forensic testing conducted by a multitude of technicians and experts. It also addresses Williams’s impact on cold cases, in which original experts who performed autopsies and other forensic examinations and testing are no longer available for trial. The presenter provides practical suggestions to trial prosecutors who must balance limited resources against the need to secure convictions that will withstand confrontation challenges on appeal.
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.
Safeguarding Victim Privacy: A Plan of Action for Prosecutors
Prosecutors have an obligation to provide to the defense all evidence in the government’s possession or control that is material to a defendant’s guilt or punishment. How can we fulfill that obligation, while at the same time safeguarding victim privacy against unnecessary disclosure? Filing motions for protective orders and vigorously opposing defense demands for irrelevant private information is an important part of trial practice for any prosecutor responsible for these sensitive cases. This webinar identifies categories of confidential and/or privileged victim information and records, discusses threshold requirements for defense attempts to obtain such information or for in camera review of records, and suggests pretrial and trial strategies that support the protection of victim privacy, including collaboration with allied professionals to safeguard private information.
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.
Safeguarding Victim Privacy in a Digital World: Ethical Considerations for Prosecutors
Prosecutors have an obligation to provide to the defense all evidence in the government’s possession or control that is material to a defendant’s guilt or punishment. How can we fulfill that obligation, while at the same time safeguarding victim privacy against unnecessary disclosure? In the digital age, these cases present unique ethical challenges related to privacy and confidentiality, prosecutorial discretion, recantation, and disclosure of evidence. This presentation uses hypothetical case scenarios to: address ethical considerations in the context of the investigative function of prosecutors, digital evidence, discovery obligations, and immunity; identify confidential, privileged, non-material, and/or irrelevant victim information and records; discuss threshold requirements for defense attempts to obtain information or for in camera review; introduce pretrial and trial strategies that support the protection of victim privacy, including collaboration with allied professionals.
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.
Responding to Intimidation in Human Trafficking Cases
Intimidation or the threat or use of force or other forms of coercion is the keystone of human trafficking. Traffickers rely on intimidation to prevent victims from reporting and ultimately participating in the justice process by exploiting their vulnerabilities. As a result of exploitation and intimidation, victims may not self-identity and may even appear “uncooperative” during the investigation and prosecution of their traffickers. Maintaining victim safety and achieving justice in these cases relies on collaboration among criminal justice professionals and the community-based programs that provide services to victims. This webinar raises awareness, for prosecutors and other criminal justice professionals, about the dynamics and indicators of human trafficking and intimidation. The presenters challenge participants to reevaluate their approach to detecting and prosecuting these crimes while balancing offender accountability against the impact of criminal prosecution on victims.
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.
Making it Stick: Protecting the Record for Appeal
Obtaining a conviction in a sexual assault, domestic violence, or human trafficking case is usually a hard-won victory, whether by guilty plea or by trial. Having a case reversed on appeal can result in a re-trial with stale evidence, reluctant witnesses, and a victim who is forced to relive the case when she is finally beginning to heal. Though the appellate process is unavoidable, a prosecutor can bring a measure of finality to the criminal justice process by carefully building a strong trial court record that supports the conviction and the sentence imposed and withstands appeal challenges. This webinar discusses the proper creation and protection of the record during all phases of a criminal case, focusing on investigation, charging, plea agreements, trial preparation and strategy, summation, and sentencing. It addresses pretrial motions, and trial briefs on anticipated trial problems, and demonstrates how strategic charging decisions can result in admission of evidence that might otherwise be excluded.
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.
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.
Investigating and Prosecuting Labor Trafficking: Exploitation for the Sake of the Bottom Line
Trafficking manifests in many areas of the labor market – including but not limited to – manufacturing, agriculture, construction, entertainment, service industries and domestic labor, often overlapping with sexual violence. It is critical to connect victims of labor trafficking, involuntary servitude, and debt bondage with critical and comprehensive services while also focusing on holding offenders and business entities accountable. This webinar highlights the importance of collaboration with allied professionals to support a victim-centered response and an offender-focused approach. It also explores a variety of best practices and provides law enforcement and prosecutors with the tools to refine their own strategies
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.
Interviewing Victims of Human Trafficking and Sexual Exploitation: Techniques and Tactics
Trafficking victims are difficult to interview for the same reasons they are difficult to identify. Traffickers manipulate, coerce, threaten, and commit acts of violence against victims, which may result in their inability or unwillingness to self-identify, report to law enforcement, or participate in the criminal justice process. Therefore, the ability to expediently and appropriately identify a victim of trafficking or exploitation is crucial, and often can be accomplished only through effective interviewing. This webinar highlights the importance of preparing for an interview by collaborating with community-based service providers and also explores a variety of interview techniques. The presenters discuss tools for law enforcement officers and prosecutors to use when developing their own questions and protocols for interviewing trafficking victims.
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.
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.
