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.
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.
Witness Intimidation
We have developed two individual resources related to witness intimidation. One is a collection of state statutes that includes laws such as those expressly prohibiting witness intimidation, harassment, perjury, retaliation, bribery, false reporting,and tampering with witnesses or evidence.
The second is a compilation of case summaries provides insight into the dynamics and prosecution of witness intimidation, harassment, perjury, retaliation, bribery, false reporting,and tampering with witnesses or evidence.
