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Advancing Justice with Forensic Genetic Genealogy

Forensic Genetic Genealogy (FGG) is an innovative method of DNA analysis that combines forensic analysis with traditional genealogy research.  Investigative leads developed from this work assist law enforcement in identifying an unknown perpetrator or victim. This technique is exceptionally beneficial to resolving cold case violent crimes, in which other traditional leads have been exhausted.

Recognizing the value of this powerful investigative tool, the National Sexual Assault Kit Initiative (SAKI) became the first federal program to allow FGG to be applied to criminal investigations using federal funding. Since 2019, SAKI grantees have leveraged FGG testing to support hundreds of investigations resulting in the identification of previously unknown perpetrators, including serial offenders. As many of these SAKI cases are now proceeding to trial, prosecutors are having to navigate the nuances of FGG in a legal setting.

In this presentation, the presenters provide an overview of FGG, evidentiary challenges for prosecutors and investigators, including surreptitious collection of DNA from suspects, affidavits for search warrants and discovery requests implicating FGG, managing developing issues at pre-trial hearings, and trial testimony associated with FGG investigative leads.

At the completion of this presentation, attendees will:
– Develop a basic understanding of forensic genetic genealogy (FGG) and its application to violent crime cold case investigations.
– Recognize the value of FGG as an investigative tool.
– Develop strategies to investigate and prosecute cold case violent crimes associated with FGG leads.
– Create approaches for resolving cold case violent crimes including   victim and/or family notification and engagement, and cold case litigation strategies.
– Provide an interactive conversation for identifying and discussing developing issues and practitioner responses in investigations and prosecution involving advanced DNA technology.

This project was supported by Grant No. 15PBJA-23-GK-00708-JAGP and Grant No. 2019-MU-BX-K011 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

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Working with and Supporting Families of Homicide Victims

Being assigned a homicide case is one of the greatest responsibilities given to an individual prosecutor. While these cases invite tremendous scrutiny and demand intense preparation, one aspect that prosecutors rarely receive any formal training in is how to work with the family and friends of the deceased victim. Even though prosecutors are in the business of helping, this gap can sometimes lead to misunderstandings and unnecessary frustrations in an often opaque and stressful process.

This presentation will focus on strategies a prosecutor can use to work with the family and friends of homicide victims by looking for ways to increase education about the system generally as well as explain in a trauma-informed way the strengths and challenges of an individual case. Focus will also be given to exploring the legal obligations and limitations that may arise in working with a homicide victim’s family.

At the conclusion of this presentation, participants will be better able to:
– Understand obligations and the benefits of consistently notifying a homicide victim’s family of case updates.
– Develop strategies to navigate situations when a homicide victim’s family may be adversarial and how to mitigate such circumstances from arising.
– Educate homicide victims’ families about unique circumstances such as those involving juvenile defendants, death penalty cases, and cold cases.

This project was supported by 15JOVW-24-GK-03009-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

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Seeking Justice Through Sexual Violence Prosecutions

This article explains the problems that have arisen as a result of overreliance on conviction rates in cases of sexual violence. It identifies the core principles that should inform a model response to these crimes to further the goals of justice — i.e., offender accountability, victim well-being, and community safety. Finally, it discusses how prosecutors can broaden definitions of “success” in the prosecution of sexual violence, and how they can measure their current response as well as efforts toward improvement.

This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU awarded by the U.S. Department of Justice, Office on Violence Against Women (OVW). The opinions, findings, conclusions, or recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice.

Seeking Justice Through Sexual Violence Prosecutions

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Foundations of Sexual Violence Prosecutions: Seeking Justice with DNA

This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting sexual violence cases. In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting sexual violence. 

In this episode, Jane and Attorney Advisor Patti Powers explore how DNA evidence can enhance sexual violence investigations and prosecutions, including cases in which the offender is known. They discuss how DNA can uncover serial and cross-over offenders, advanced technologies in the field of DNA forensics, and how to admit DNA evidence and expert testimony at trial.

At the conclusion of this episode, viewers will be better able to:
– Describe how DNA evidence can illustrate the dangerousness of offenders
– Admit expert testimony to present DNA evidence and educate the jury
– Link the offender to the victim and crime scene through DNA evidence

Additional resources related to this episode:
– DNA 101 – Mixtures, Statistics, and Methodologies: Science and Application to Investigation and Prosecution
– DNA Testing, Workflow, Collaboration, and Options
– Advancing Justice with Case Review and Informed Strategies for DNA Testing

 

This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU awarded by the U.S. Department of Justice, Office on Violence Against Women (OVW). The opinions, findings, conclusions, or recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice.

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SAJI Annotated Bibliography (June 2017)

This bibliography provides an extensive list of studies, best practices, strategies and other resources to support the prosecution of sexual assault, from the victim’s initial report through trial. The annotations offer overviews for every source on topics such as: performance measures, conviction rates, standards of practice, criminal justice reform, promising practices, investigation, responding to witnesses, pretrial, and trial strategies.

SAJI-Annotated-Bibliography-June-2017

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Williams v. Illinois and Forensic Evidence: The Bleeding Edge of Crawford

The application of Crawford principles in the context of forensic evidence continues to plague the criminal justice system. The United States Supreme Court’s decision in Williams v. Illinois raises more questions than it answers about when and how an expert may testify to conclusions based upon the opinions or work of other (non-testifying) experts or technicians. This webinar reviews the relevant case law, and explores how trial prosecutors can present a case involving forensic testing conducted by a multitude of technicians and experts. It also addresses Williams’s impact on cold cases, in which original experts who performed autopsies and other forensic examinations and testing are no longer available for trial. The presenter provides practical suggestions to trial prosecutors who must balance limited resources against the need to secure convictions that will withstand confrontation challenges on appeal.

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.