This article discusses evolving courtroom technology, including remote appearances and advances in visual display, artificial intelligence, data analytics, and recorded and automated transcription. The benefits of each, as well as issues to resolve, are discussed. These technologies will greatly affect the litigation of criminal cases and directly impact prosecutors’ work in the years to come.20240314-Technology and Prosecution – The Evolving Courtroom – PCE
Agriculture’s Growing Problem: Investigating and Prosecuting Labor Trafficking and Co-Occurring Crimes in the Illicit Cannabis Industry
Despite the recent legalization of cannabis cultivation, possession, and use in many states across the country, the illicit market for the drug is still booming. The illicit cannabis industry is causing profound harm to the communities in which it operates—harm that goes far beyond simply producing off-the-books marijuana. Illicit market growers often seek to sidestep agricultural and worker regulations, causing widespread environmental harms, including blackouts, water theft, damage to flora and fauna, poisoned waterbeds, and wildfires. The human cost of illicit cannabis growth is even greater. Across the country, investigators have discovered laborers who have been forced to work in inhumane conditions—often without pay—and in close proximity to dangerous chemicals at illegal cannabis cultivation sites. Workers are often threatened with physical violence or deportation if they report to authorities.
Pursuing these crimes often requires a specialized skill set among prosecutors and investigators. This Strategies Newsletter demonstrates how investigators and prosecutors, working in conjunction with local and federal stakeholders, can ensure that labor traffickers in the illicit marijuana industry are held accountable for the full range of their conduct.Agriculture’s Growing Problem
An Organized (Crime) Approach to Trafficking within the Illicit Massage Industry
Human trafficking within the illicit massage industry (IMI) is the organized and profitable exploitation of vulnerable individuals. Interrupting IMI criminal networks requires law enforcement to take an equally organized approach, including investigating and prosecuting financial and organized crimes. This presentation provides an overview of IMI organizational models as well as strategies to investigate illicit businesses using a financial and organized crime approach. Presenters share case examples of investigations, which highlight both lessons learned and keys to success.
Tapping into Offender Accountability: Using Wiretapping in State-Level Human Trafficking Cases
Law enforcement are regularly challenged to build cases that can be successfully prosecuted when victims are unable to participate. There are a myriad of ways to build cases that are not wholly dependent on victim testimony, and one powerful strategy is to use wiretaps that can capture communications and ultimately establish the elements of “force, fraud, or coercion”. Eavesdropping warrant investigations are technical and resource-intensive, however they are highly effective in obtaining evidence to prosecute offenders without relying on testimony from victims who are often fearful, distrustful, intimidated, and traumatized.
This training focuses on how prosecutors and law enforcement can effectively use eavesdropping warrants to hold traffickers accountable and build strong, actionable investigations even if wiretapping is not ultimately employed. Presenters provide approaches to maximize resources, even when limited, to enable jurisdictions of all sizes to utilize eavesdropping warrants. Additionally, practical strategies to comply with ethical and legal obligations are discussed, including methods to minimize harm and trauma to victims and survivors.
Learning Objectives:
-Build an investigation sufficient to support an application for an eavesdropping warrant
-Define legal requirements before, during, and after intercepting electronic communications
-Litigate pretrial motions to admit out-of-court statements and expert testimony
This presentation was produced by AEquitas under 15POVC-21-GK-03263-HT, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this presentation are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.
When and How: Admitting Expert Testimony on Victim Behavior in Sexual Assault Cases in Pennsylvania
On June 29, 2012, Pennsylvania shed its distinction of being the only state in which expert testimony to explain victim behavior in sexual assault cases was inadmissible by enacting Section 5920 of the Judicial Code, “Expert testimony in certain criminal proceedings.” The law, which became effective on August 28, 2012, is a critical tool for prosecutors seeking to provide a context for understanding sexual assault and sexual assault victims, as well as to counter entrenched myths and misperceptions about sexual assault and sexual assault victims. This article explains the prevalence of sexual violence myths among the public, how expert testimony on sexual assault victims’ behavior can help dispel these myths, and strategies for introducing such testimony at trial.AEquitas_When-and-How-Admitting-Expert-Testimony-on-Victim-Behavior-in-PA-Issue-18_5-2013
From Jail, to Bail, to Sale: Trafficking and the Criminal Justice System
Traffickers target individuals whom they believe they can exploit with impunity – individuals who are accessible, vulnerable, and less likely to report their exploitation to law enforcement. As a result, individuals who have a criminal record, are under court supervision, or are otherwise subject to the authority of the criminal justice system are at higher risk for exploitation. Individuals who also struggle with addiction and substance use disorders are especially vulnerable to coercion. The Department of State’s Trafficking in Persons (TIP) Report has identified “participants in court-ordered substance use diversion programs” as individuals especially vulnerable to sex and labor trafficking, and recent news reports have validated this assertion. Likewise, the U.S. Department of Justice’s 2022 National Strategy to Combat Human Trafficking includes action items aimed at countering common trafficker tactics of manipulating and exploiting individuals with substance use disorders.
This presentation identifies trafficking schemes that involve recruitment from local jails and prisons, as well as from court-sanctioned treatment programs as an alternative to incarceration. The presenters focus on strategies to address victim safety concerns and investigate and prosecute trafficking that intersects with the criminal justice system. Throughout the discussion, the presenters underscore the importance of trauma-informed practices and a multidisciplinary response that includes meaningful access to survivor-led programing and low-barrier services, including appropriate healthcare.
Learning Objectives:
-Identify how traffickers identify, recruit, and coerce victims from jails, prisons, and court-ordered programs.
-Investigate and prosecute human trafficking cases in which victims have intersected with the criminal justice system.
-Collaborate with allied professionals to overcome barriers and provide meaningful access to justice for systems-involved victims.
This presentation was produced by AEquitas under 15POVC-21-GK-03263-HT, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this presentation are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.
“Next-Level” Compulsion of Victim Testimony in Crimes of Sexual and Intimate Partner Violence: Prosecutorial Considerations Before Using Bench Warrants/Body Attachments and Material Witness Warrants
This article examines the considerations that should be weighed in deciding whether to employ next-level measures, such as material witness warrants and body attachments, to compel victim testimony in sexual and intimate partner violence cases. While prosecutors have a great deal of discretion in deciding whether to use compulsive measures beyond issuance of a subpoena, the decision to resort to such measures should be made with great care and with an awareness of the potential consequences, as well as consideration of possible alternatives.
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.
Guiding and Supporting the Victim’s Choices Regarding Participation in the Prosecution of Sexual and Intimate Partner Violence
The criminal justice process can expose survivors of sexual and intimate partner violence to unique re-traumatization. While multidisciplinary response efforts employing victim-centered and trauma-informed practices have greatly facilitated the reporting and engagement of survivors of sexual and intimate partner violence, the process itself remains daunting. Some survivors ultimately decline to participate, avoiding service of process or refusing to appear under subpoena. This article explores strategies that will assist advocates and allied professionals in guiding and supporting victims throughout the criminal justice process in ways that will help to ensure that their choices about participation are fully informed and that their interests are protected and advanced at all stages in the process.
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.
Guiding and Supporting the Victim’s Choices
A Course of Exploitation: The Intersection of Stalking and Sex Trafficking
When offenders engage in a course of conduct that includes sexual exploitation, they perpetrate dangerous and often misidentified and misunderstood crimes, including stalking and sex trafficking. Both crimes are highly contextual in nature and require a nuanced analysis of the relationship between the offender and the victim, as well as the various tactics utilized by abusers to control, intimidate, and traumatize victims with impunity. Stalking behaviors are used to force or coerce individuals to engage in commercial sexual activities or to intimidate and prevent them from engaging with the criminal justice system.
Presenters explore the dynamics of stalking and sex trafficking. They focus on the importance of understanding the context in which both crimes occur and the common tactics used by perpetrators. This presentation provides strategies to improve the identification of these “course of conduct” crimes, increase offender accountability through successful investigations and prosecutions, and minimize further harm to victims and survivors by ensuring they are connected with meaningful services and tools to plan for their safety.
At the end of this presentation, participants will be better able to:
-Recognize the intersections between stalking and sexual exploitation
-Investigate and prosecute crimes of stalking and sexual exploitation
-Connect victims and survivors to meaningful services, including safety planning
This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU and 2017-TA-AX-K074 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
Ten Strategies for Prosecuting Child Sexual Abuse at the Hands of a Family Member
Despite the volume of research and literature addressing sexual abuse perpetrated against a child by a family member, individuals inside and outside of the criminal justice system continue to misperceive common dynamics, misunderstand victim behavior, and minimize offender dangerousness. Judges and juries unfamiliar with the dynamics of sexual assault may overlook offenders’ grooming tactics or misperceive common victim reactions to abuse as evidence of the victim’s lack of credibility. Prosecutors handling these cases face unique challenges. This article contains ten strategies that will help prosecutors prepare and litigate cases of sexual abuse perpetrated against a child by a family member.
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.
Ten Strategies for Prosecuting Child Sexual Abuse at the Hands of a Family Member
