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.
Legal Jiu-Jitsu for Prosecutors in Intimate Partner Violence Cases: Forfeiture by Wrongdoing
Jiu-jitsu is a Japanese martial art that does not depend on the use of size or strength to defeat an opponent. Instead, it employs a variety of tactical moves to prevail by turning the force of an attack against the attacker. Prosecutors in domestic violence cases have a similar art at their disposal to counter confrontation challenges in the common scenario where the offender has intimidated, tricked, manipulated, paid off, killed, or otherwise arranged for the victim to be absent from the trial, leaving the prosecution with only the victim’s out-of-court statements to prove the case.
Investigating and Prosecuting Trafficking in Illicit Massage Businesses: Part 3
This portion provides an overview of how trauma impacts victims of IMBs and discusses practical trauma-informed interviewing techniques that help us build rapport with victims, investigate crimes, and develop stronger victim narratives. The presenters discuss making appropriate charging decisions, litigating pretrial motions to protect victim privacy, establishing the elements of the charges with or without victim participation, and educating the jury through voir dire, expert testimony, and effective witness examinations.
Investigating and Prosecuting Trafficking in Illicit Massage Businesses: Part 2
This portion provides practical investigative strategies to build successful prosecutions of the owners, operators, and accomplices of IMBs. The presenters discuss enhancing investigations through partnerships with civil and criminal allied investigative agencies and service providers. They also provide an analytical framework for developing investigative strategies designed to identify and preserve evidence supporting a wide range of charges that can be prosecuted with or without victim participation.
Investigating and Prosecuting Trafficking in Illicit Massage Businesses: Part 1
IMBs are venues disguised as legitimate massage or bodywork businesses in which women are forced, coerced, and defrauded into performing countless sex acts with strangers on a daily basis. This portion of the three-part series provides an overview of the illicit massage business (IMB) organizational model, which typically exists within one of many nationwide networks. The presenters discuss how women are recruited, harbored, and exploited within those networks. They also explore the challenges facing law enforcement and prosecutors, demonstrating the need for strategies to build evidence-based cases that can ensure that offenders are held accountable for their wide-ranging criminal activity.
Rape Shield
We have developed three individual resources on rape shield, to include a survey of United States statutes, a collection of relevant case law, and a chart surveying the rules of admissibility across the country.
Victim Privileges and Confidentiality
This resource is a statutory compilation on victim privilege and confidentiality laws broken down by practitioner.
Spousal Immunity and Marital Privilege
This compilation focuses on criminal statutes on spousal immunity and privilege across the 50 states, the District of Columbia, U.S. Territories, Military and federal jurisdictions. This resource also looks at those statutes that recognize an exception to spousal immunity and privilege in crimes of intimate partner and domestic violence.
Forfeiture by Wrongdoing
This resource contains a statutory compilation and case law digest, including a summary of the foundational doctrine underlying forfeiture by wrongdoing. It also contains relevant federal case law.
