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Prosecuting Cases Involving Victims with Developmental Disabilities: A Focus on Sexual Assault

The traumatic impact of sexual assault may further exacerbate already-existing issues for victims with developmental disabilities. Their condition may affect their participation in a criminal investigation and testimony at trial. Prosecutors must be prepared to address the impact of the disability on the victim and on the dynamics of the crime, particularly when assessing the offender’s behaviors, victim selection, and steps taken to perpetrate the crime. This webinar helps prepare prosecutors to anticipate issues and evidence prior to trial, file and argue pretrial motions, develop trial strategies that take into account the victim’s intellectual/developmental disabilities and mental health issues, introduce relevant evidence at trial while excluding the irrelevant, and consider appropriate sentencing options.

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.

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Pretrial Motions: Admitting and Excluding Evidence in the Prosecution of Sexual Abuse in Confinement

For cases involving sexual abuse in confinement, many of the same pretrial motions apply that are relevant to any sexual abuse case. Also applicable are motions directly related to confinement, including, for example, motions involving the criminal records of the defendant or victim, prison files, and other behavior or character evidence. Particularly in sexual abuse cases, prosecutors need to be proactive in filing motions to exclude irrelevant and misleading information and to admit crucial evidence in their case-in-chief. This webinar enables prosecutors and allied criminal justice professionals to better anticipate issues and evidence that need to be addressed prior to trial; file and argue pretrial motions; and respond to defense motions.

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Making Your Case: Evidence-Based Prosecution

A recurring concern in domestic violence cases is whether and how the victim will testify at trial. Many victims are subject to intense pressures—including intimidation and manipulation—that discourage them from participating in a criminal prosecution. When victims do participate, they may minimize the level of violence or the defendant’s culpability, recant prior statements, or testify for the defense. While these cases present unique challenges, they can still be prosecuted successfully. This webinar focuses on: evidence-based considerations that enable prosecutors to remain victim-centered and to try cases where the victim is an absent or reluctant witness; investigative techniques that support a comprehensive approach to the identification and documentation of evidence, including evidence of intimidation and manipulation; trial strategies, including the use of expert testimony to explain victim behavior, that will enable the jury to return a guilty verdict regardless of whether or how the victim testifies.

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.

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It’s About Context, Not Character: Admitting Evidence Under R. 404(b)

Proving a crime of intimate partner violence challenges prosecutors to place the criminal act in the context of the relationship’s dynamic of ongoing power and control, with various forms of abuse that may span years or decades. The fullest possible picture of the relationship better enables the jury to understand the defendant’s motive and intent to inflict harm upon the victim. This can be done through admission of other crimes, wrongs, or acts under Federal Rule of Evidence 404(b) and equivalent state or tribal evidence rules or statutes. This webinar identifies types of evidence that may be admissible for purposes permitted under the Rule, suggests ways in which admissibility under the Rule can be argued, and discusses important considerations to avoid reversible error on appeal.

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.

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Introducing Expert Testimony in Sexual Violence Cases

Experienced professionals familiar with the dynamics of sexual violence understand that victims have individual responses to trauma that are often counterintuitive to public expectations. Without the benefit of a proper explanation, however, jurors may wrongly interpret a victim’s actions during and after an assault as reasons not to believe the victim’s testimony. Expert testimony to explain victim behavior is often the best way to dispel myths and educate the jury to make an informed decision based on a view of the evidence within an accurate context. This webinar describes the impact of trauma on victims, including cognitive and behavioral reactions, and discusses the effect of common victim behaviors on factfinders’ assessments of victim credibility. It discusses the law related to the prosecution’s introduction of expert testimony on victim behavior, how to identify experts qualified to testify on this subject, and what the parameters of such testimony should be.

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.

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Introducing Expert Testimony in Domestic Violence Cases

Popular perceptions of how victims should respond to physical and emotional trauma often conflict with the way victims actually behave; these misconceptions can severely affect the fact finders’ assessment of victim credibility and, ultimately, the case outcome. Introducing expert testimony to explain victim behavior is a way to dispel myths and assist the jury in making an informed decision based on the evidence. This webinar describes common victim behaviors and dynamics in intimate partner violence cases, as well as their impact on fact finders’ assessments of victim credibility. The presenter discusses the law related to the admission of expert testimony to explain victim behavior and suggests ways to identify qualified experts. The presentation highlights the importance of deciding whether to introduce expert testimony in a case and explains the value of consulting with experts during trial preparation regardless of whether such testimony will be introduced.

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.

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Following the Digital Breadcrumbs: Utilizing Technology in Sex Trafficking Prosecutions

The Internet is a haven for sex traffickers to recruit, advertise, and communicate with their victims. At the same time, these activities leave “digital breadcrumbs” to follow during an investigation. Investigators and prosecutors should work together to use the latest available resources to preserve valuable evidence that can strengthen the prosecution’s case at trial. This webinar provides practical information and investigative strategies that will assist in the identification, investigation, and successful prosecution of traffickers. It addresses how digital evidence can corroborate victim and witness testimony, support charging decisions, and reinforce evidence-based trial strategies that do not rely entirely upon victim testimony.

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.

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Ethical Considerations for Prosecutors in Sexual Violence Cases

Ensuring victim privacy and achieving justice in sexual violence cases requires prosecutors to have a firm grasp of their legal obligations as well as their ethical responsibilities throughout each stage of the criminal justice process. In addition to complex victim privacy issues, sexual violence cases present unique ethical challenges related to prosecutorial discretion, recantation, and disclosure of evidence. This webinar addresses these ethical considerations as well as charging decisions, immunity, the investigate function of a prosecutor, and trial publicity. The presenters use hypothetical case scenarios to challenge prosecutors to evaluate their decision-making in the context of ethical rules and principles.

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.

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Ethical Considerations for Prosecutors in Intimate Partner Violence Cases

Intimate partner violence cases present unique ethical challenges related to victim privacy and confidentiality, prosecutorial discretion, recantation, and disclosure of evidence. Achieving justice in intimate partner violence cases requires prosecutors to have a firm grasp of their legal obligations as well as their ethical responsibilities throughout each stage of the criminal justice process. This recording addresses ethical considerations in the context of charging decisions, immunity, compulsion of victim testimony, Crawford, and the investigative function of a prosecutor. The presenter uses hypothetical case scenarios to challenge prosecutors to evaluate their decision-making in the context of ethical rules and principles.

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.

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Criminal Meets Civil: Coordinating Our Response

Prosecutors know that a coordinated response to intimate partner violence provides maximum support to victims. Prosecutors and attorneys representing victims in civil proceedings are equally dedicated to victim safety, but may not always fully appreciate the value and limitations of each other’s role in the process. This presentation highlights the importance of coordination between prosecutors and victims’ civil attorneys and suggests ways they can work together to identify helpful evidence that will be admissible in the criminal case. The presenter also explores ways in which civil proceedings in family or other civil courts can support the victim while the criminal case is pending.

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.