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.
Annotated Bibliography Sex Trafficking
This annotated bibliography provides a sampling of resources, research, and tools available to criminal justice professionals and service providers responding to sex trafficking crimes. The resources included cover agencies and organizations, health care, investigation and response, legal concerns, suggested videos, and victim experiences.
A Study in Labor Trafficking: Modes, Means, and Methods of Organized Trafficking Operations
Labor trafficking organizations often operate clandestinely in legitimate venues and industries, causing victims to routinely go undetected or be misidentified. This webinar uses a case study to highlight the key findings from a recent Urban Institute/Northeastern University report. The presenters offer strategies for overcoming some of the barriers in identifying, investigating, and prosecuting labor trafficking, including how to apply the research to practical investigative techniques, overcome common misconceptions about labor trafficking, and effectively coordinate with allied professionals in the justice system, business community, and community-based programs.
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.
The Prosecutors’ Resource on Sexual Abuse in Confinement
Sexual abuse in confinement has persistently presented tremendous challenges to investigators and prosecutors because of internal and external barriers to reporting, including the behaviors, actions, and decision-making power of first responders that may result in the failure to make an official report to law enforcement. Additional challenges include issues related to evidence collection and retention, identification of witnesses, and multi-level biases against inmates. This resource provides an overview of the Prison Rape Elimination Act and national standards related to a victim-centered, offender-focused investigation and prosecution of a sexual abuse in confinement. The issue discusses detailed strategy for prosecuting these cases, including investigation, pretrial, jury selection, trial testimony and sentencing.
Alcohol- and Drug-Facilitated Sexual Assault: A Survey of the Law
While the absence of laws covering the assault of a voluntarily intoxicated victim is often cited as a barrier to prosecuting sexual assault cases, the laws in all 58 U.S. jurisdictions allow for the prosecution of sexual assault cases in which the victim was voluntarily intoxicated. The language in some statutes, however, may not always include the assaultive conduct relevant to a specific case. Additionally, some sexual assault statutes do include an element requiring the victim’s intoxication to be caused by a perpetrator, without the victim’s knowledge, for the purpose of perpetrating a sexual assault. Because language among these statutes is not consistent and may not specifically refer to intoxicated victims, this Statutes in Review synthesizes the similarities and distinctions among the statutory language and summarizes AEquitas’ more comprehensive analysis of rape and sexual assault laws covering alcohol- and drug -facilitated sexual assault involving penetration in all jurisdictions in the country.
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.
