Acts of witness intimidation range from the crude to the complex and, when successful, evade the purview of the justice system, which allows the criminal behavior to continue unchecked. The pervasive nature of these crimes is devastating to victims and to community confidence in the justice system’s ability to keep victims safe and hold offenders accountable. Criminal justice professionals, community leaders, and researchers have declared witness intimidation a national concern and a challenge to the administration of justice. This article discusses how to recognize intimidation and reduce its impact on the criminal justice system through education, documentation and other preventive measures. The authors also offer effective investigation and prosecution strategies.
Presence of Victim Advocate During Sexual Assault Exam Summary of State Laws
Following a sexual assault report, victims are propelled into the criminal justice system and faced with an array of strangers, each with his or her own role in the response, investigation, or prosecution of the crime. Victims are often interviewed by multiple people, including police officers, doctors, nurses, social workers, and prosecutors. To help victims cope with these challenges, some state legislatures have passed laws providing them with the right to have a victim advocate or personal representative present during such interviews to offer support. This article focuses specifically on the victim’s right to have an advocate present during a medical forensic exam.
Supreme Court Upholds DNA Collection of Arrestees
In Maryland v. King, the U.S. Supreme Court held that states may obtain and test DNA samples of defendants arrested for violent crimes. This decision resolved conflicting holdings in state and federal courts and clarified that this procedure does not violate the Fourth Amendment to the United States Constitution. It also sanctioned the expanded use of arrestee DNA profiles to solve cold cases in which there is DNA evidence that can prove the identity of a perpetrator. This article reviews the case facts and its impact on DNA collection laws.
Hitting Them Where It Hurts – Strategies for Seizing Assets in Human Trafficking Cases
Human trafficking is a lucrative business that is extremely difficult to identify, investigate, and prosecute, and there are still significant barriers to a successful outcome in these cases, including, among other things, limited resources. Even where offenders are prosecuted and convicted, victims are often left shattered physically, emotionally, and financially by their experiences. Asset forfeiture laws provide for the seizure of property that is a fruit of – or was used to further – the criminal enterprise. Utilizing these laws is one effective way to deter and disrupt traffickers while providing trafficking victims with the monetary means to rebuild their lives. This Strategies in Brief discusses civil and criminal asset forfeiture as a tool in prosecuting cases of human trafficking and related crimes.
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Assisting Human Trafficking Victims with Return of Property and Restitution
Investigating and prosecuting cases of human trafficking and violence against sexually exploited women is rife with challenges, including balancing victims’ property interests with the need to hold traffickers and exploiters accountable. Criminal justice professionals can meet these challenges by pursuing the return of victims’ property and seeking restitution where appropriate. This Strategies in Brief identifies issues that often arise when trying to return property to victims in human trafficking cases and will provide collaborative strategies for prosecutors and allied criminal justice professionals seeking to balance victim and criminal justice interests. It also presents an overview of restitution as another means of relief for victims of human trafficking to be considered by prosecutors.
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“I Hear You Knockin’ But You Can’t Come In [At Least While I’m Here]” Fernandez v. California: Third-Party Consent Search After Arrest of Objecting Suspect-Occupant
Does a suspect’s refusal of entry prevent the police from later, in the absence of the objecting occupant, obtaining the consent of an adult co-occupant to enter and search the premises without a warrant? In its recent decision in Fernandez v. California, the United States Supreme Court answered that question in the negative—at least where the police have, in good faith, removed the objecting suspect by arresting him or her. This article reviews the facts of the case, state court proceedings, the US Supreme Court’s opinion, and the gang connection and witness intimidation involved. The article ultimately concludes that the Fernandez decision will facilitate prompt and efficient evidence collection in many crimes involving domestic violence while simultaneously empowering victims to consent to reasonable investigative requests that will facilitate holding their abusers accountable.
Disarming the Batterer: United States v. Castleman
The 2014 United States v. Castleman decision ensures that individuals who have been convicted of misdemeanor crimes of domestic violence—even those that include as an element “offensive touching”—will be subject to the federal prohibition on possession of firearms. This article includes analysis and prosecution strategies for domestic violence cases in response to the decision. It ultimately concludes that the effectiveness of the federal statute as a means of disarming such offenders will depend upon the care and diligence of prosecutors who must correctly identify and prosecute those offenders so that professionals having the responsibility for enforcing that prohibition can accurately and easily determine their ineligibility to possess a firearm.
Establishing Penetration in Sexual Assault Cases
Criminal acts of sexual violence generally fall into three categories: exposure, contact, and penetration. While prosecutors introduce evidence to establish the statutory elements at trial, defense strategies focus on targeting any vulnerability in that evidence. Where the charged offense includes an element of penetration, defenses may also include specific challenges to the prosecution’s ability to prove that penetration occurred. If the prosecution is unable to prove the element of penetration beyond a reasonable doubt, the accused will be acquitted or convicted of a less serious offense. This Strategies in Brief explains the legal requirements for establishing penetration in sexual assault prosecutions and offers strategies for effectively identifying, evaluating, and presenting evidence of penetration. The article: summarizes the categories of criminal sex offense statutes and outlines the legal requirements to establish penetration; provides strategies to prepare for and try sexual assault cases involving penetration; identifies and offers guidance for responding to common defense challenges to establishing penetration in sexual assault cases.
Keep Calm and Understand Elonis v. U.S.
The decision of Elonis v. United States, 135 S.Ct. 2001 (2015), in which the United States Supreme Court reversed the defendant’s conviction for posting on Facebook threats to harm his wife and others, has caused a good deal of concern among prosecutors, civil attorneys representing victims in protective order proceedings, law enforcement, and advocates. This article analyzes the Court’s opinion, breaks down its meaning for the investigation and prosecution of cases involving online threats and stalking, and explains why the Elonis decision is not cause for alarm. The article suggests strategies for charging and presenting evidence in cases involving threats or stalking on public forums, such as Facebook, to maximize the likelihood of a conviction that will stand up on appeal.
Identifying, Investigating, and Prosecuting Witness Intimidation in Cases of Sexual Abuse in Confinement
Regardless of the setting in which it occurs, witness intimidation is a chronic problem with devastating implications for victims and for the prosecution of crimes. Victims of sexual abuse in confinement are especially vulnerable to intimidation because they typically have fewer opportunities to escape from (or even avoid) their abusers. This article identifies strategies for investigations and prosecutions that build trust in the criminal justice system and provide multiple, safe, and confidential points of entry for potential reporters. It also discusses victim and witness safety, retaliatory violence, verbal and physical intimidation, and financial and emotional manipulation. The author also examines the potential for intimidation and violence over the course of multiple cases and across time in a single case, as well as policies and protocols that promote effective prosecution of these cases.
