Posted on

Responding to Ethical Considerations in Sexual Violence Cases

This presentation will address the ethical considerations outlined above in the context of charging decisions, the investigative function of a prosecutor, jury selection, and victims’ rights. The presenters will use hypothetical case scenarios to challenge prosecutors to evaluate their decision-making in the context of ethical rules and principles. The presenters will also explore how social distancing and quarantine measures in response to the COVID-19 pandemic may affect how prosecutors meet their ethical obligations, including when it comes to providing discovery and ensuring victims’ rights are upheld.

At the conclusion of this presentation, participants will be better able to:

  • Identify ethical responsibilities at each stage of the criminal justice process.
  • Navigate ethical challenges related to prosecutorial discretion, recantation, and disclosure of evidence.
  • Approach issues pertaining to charging, social media investigations, jury selection, and victims’ rights within an ethical framework.
Posted on

Identifying Risk, Managing Trauma, and Assessing Your Legal Rights During This Pandemic: A Panel Discussion

Join us for a panel benefitting AEquitas’ work to improve the quality of justice in sexual and gender-based violence prosecutions.

Join Lisa Kane Brown, Child Advocate and Attorney; Shari Botwin, LCSW, Trauma Therapist and author of Thriving After Trauma; and Kristen Gibbons Feden, Victims’ Rights Advocate and Attorney representing sexual assault survivors as they discuss ways of supporting survivors and overcoming trauma. Moderated by Jennifer Gentile Long, CEO of AEquitas, this panel will include brief presentations followed by a question and answer period.

Posted on

Truth-Detection Devices and Victims of Sexual Violence: A Shortcut to Injustice

An overreliance on truth-detection devices and misunderstandings about the dynamics of sexual violence can correlate with a belief that their use with victims of sexual violence is the best method to conduct complete investigations even though such methods would never be entertained for victims of other types of crimes. This is alarming not only because the results of such tests are unreliable, but the very use of truth-detection devices with victims of sexual violence can do more harm to the victim and frustrate the pursuit of justice. While the utility of truth-detection tests for enticing suspects to agree to be interviewed has long been recognized, there is less appreciation that their use with victims of sexual violence is clearly irreconcilable with trauma-informed interviewing techniques designed to elicit victims’ fullest recollections of events while avoiding further harm. This article provides a brief overview on the his- tory and modern forms of truth-detection devices and discusses how the earliest concerns about their reliability and limitations continue to be valid today. It will discuss why truth-detection devices are inappropriate and how, in many jurisdictions, they are prohibited from being used when interviewing victims of sexual violence. Despite the reliability concerns, it will also be discussed how truth-detection devices remain a potentially useful tool during questioning of suspects.

Truth-Detection Devices and Victims of Sexual Violence- A Shortcut to Injustice
Posted on

Reaching a Verdict: Guiding the Jury’s Response to the Evidence

After being thrust into an unfamiliar role in a complex system that is often equally unfamiliar, jurors in sexual assault cases face the daunting task of reaching a just verdict for a crime that is shrouded in misconceptions. In this foreign terrain, prosecutors serve as a trusted guide—pointing out familiar landmarks of personal experience and presenting witnesses and other evidence in a manner that makes them both understandable and relatable. By assisting jurors in forming personal connections to the evidence, the prosecutor can remove obstacles that might otherwise block the jury’s path to a just finding of guilt. 

This presentation will discuss ways to focus the jury’s attention on the evidence in a manner that accurately conveys the reality of sexual assault and assists jurors in rendering a fair and just verdict—beginning with jury selection and continuing through opening statement, presentation of evidence, and summation.  

Who Should View
Allied justice system professionals including but not limited to prosecutors, law enforcement officers, community-based service providers, medical and mental health practitioners, probation and parole officers, judges, etc. are encouraged to view this webinar recording.

CLE Credits
This one-hour webinar recording should qualify prosecutors for one (1.0) hour of continuing legal education credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.