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Gang-Related Violence Against Women

Gangs are notorious for perpetrating firearm- and drug-related offenses, but many gangs and their members also regularly engage in violence against women, including rape, physical violence, and human trafficking. Gang members use physical and sexual violence to control their victims and the communities within which they operate. Additionally, some gangs engage in trafficking to exploit gang members and non-members to increase gang profits. The pervasive nature of gang-related violence, combined with gang members’ habitual intimidation of victims and witnesses, present unique challenges to the effective investigation and prosecution of these cases.

This presentation discusses tangible strategies for improving the identification, investigation, and prosecution of gang-related violence against women. The presenter explores collaborative methods for supporting victims, enhancing community safety, holding gang offenders accountable, and preventing and effectively responding to witness intimidation.

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Opioids and Drug Delivery Resulting in Death

The opioid epidemic has devastated communities across the United States, resulting in hundreds of thousands of lives lost in the past two decades. In response, state and local prosecutors have taken a multifaceted approach to the crisis: diverting defendants with substance abuse issues from traditional prosecution, educating  communities about the dangers of opioid addiction; and increasingly, seeking to hold drug traffickers and dealers accountable for the deaths they cause. This webinar will spotlight one office’s efforts to tackle the opioid crisis. Tonya Lupinacci of the Montgomery County District Attorney’s Office in Norristown, PA will discuss strategies that are broadly applicable to jurisdictions across the country, with a special emphasis on prosecuting Drug Delivery Resulting in Death and similar crimes. The session will focus on the evidence necessary for building these cases, theories of offender liability, and effective presentation of evidence at trial.

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First, Do No Harm: Trauma Informed Interviewing During the Covid-19 Pandemic

This presentation identifies barriers to successful crime victim/witness interviews and explore techniques for overcoming those barriers, with a special emphasis on virtual interviews that are compliant with COVID-19 social distancing measures. The presenters discuss the limitations of a traditional fact-gathering approach and introduce alternative techniques to minimize re-traumatization and enhance our ability to re-create the reality of the crime at trial. An emphasis is placed on strategies for integrating a trauma-informed response from the first contact with a victim through the conclusion of the case, with realistic goals for interviews and virtual meetings at every stage of the process.

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Overcoming the Consent Defense: Prosecuting Known Offenders

This presentation will address the challenges inherent in prosecuting known offenders and alcohol-facilitated sexual assault, with an emphasis on overcoming the consent defense. The presentation will examine offender characteristics, motivations, and behaviors as well as the impact of the offender’s actions on the victim. The presenter will suggest strategies for overcoming common misconceptions at trial, including the importance of establishing a compelling trial theme, introducing evidence of the defendant’s predatory behavior, presenting corroborating evidence to support witness credibility, and recreating the reality of the crime at trial.

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Alcohol-Facilitated Sexual Assault: Who Needs Force When You Have Alcohol? Part 2 of 2

Alcohol is the most common weapon used to facilitate sexual assault. Offenders use alcohol because it renders victims vulnerable, affects memory, and impairs judgment and physical ability. Its unique toxicological effects, widespread use, and ease of consumption make it ideal for offenders who commit sexual assaults. This two-part presentation will explore common issues and challenges related to the investigation and prosecution of sexual assault cases where alcohol is present. More specifically, it will focus on identifying corroborating evidence, interviewing victims, basic toxicology, the effect of societal attitudes about alcohol on determinations of victim credibility, and trial strategies. In addition, this presentation will promote a victim-centered response that incorporates offender-focused strategies for an effective trauma-informed investigation and prosecution. Throughout the discussion, the presenters will discuss how strategies may be implicated and altered by social distancing measures currently in place in response to COVID-19.

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Witness Intimidation Part II: Effective Use of Intimidation Evidence

Part II of the series discusses the identification, documentation, and effective use of evidence of intimidation at trial to hold offenders accountable. The presenter explores how to admit and present evidence to demonstrate the offender’s consciousness of guilt, to explain the absence of a witness, and to introduce an unavailable witness’s statements via the doctrine of forfeiture by wrongdoing.

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Alcohol-Facilitated Sexual Assault: Who Needs Force When You Have Alcohol? Part 1 of 2

Alcohol is the most common weapon used to facilitate sexual assault. Offenders use alcohol because it renders victims vulnerable, affects memory, and impairs judgment and physical ability. Its unique toxicological effects, widespread use, and ease of consumption make it ideal for offenders who commit sexual assaults. This two-part presentation will explore common issues and challenges related to the investigation and prosecution of sexual assault cases where alcohol is present. More specifically, it will focus on identifying corroborating evidence, interviewing victims, basic toxicology, the effect of societal attitudes about alcohol on determinations of victim credibility, and trial strategies. In addition, this presentation will promote a victim-centered response that incorporates offender-focused strategies for an effective trauma-informed investigation and prosecution. Throughout the discussion, the presenters will discuss how strategies may be implicated and altered by social distancing measures currently in place in response to COVID-19.

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Justice in the Time of COVID-19: Strategic Responses

Social distancing and quarantine measures in response to the COVID-19 pandemic have affected all aspects of our society, including the judicial system. While these public health measures are necessary to keep our communities safe and healthy, court closures and subsequent delays in case processing, as well as other social distancing measures, will require criminal justice professionals to adapt in order to continue holding offenders accountable while protecting their rights; meeting victim/witness needs; and maintaining public safety.

This panel discussion, featuring Nancy O’Malley, District Attorney of Alameda County, CA; Ed McCann, First Assistant District Attorney of Montgomery County, PA; and Sherry Boston, District Attorney of DeKalb County, GA, as well as AEquitas Attorney Advisors, will provide practical perspectives to help guide prosecutors and other criminal justice system actors through the broad scope of issues raised by COVID-19; current responses from prosecutor’s offices around the country; and logistical and legal strategies for ensuring justice while social distancing measures remain in place. Topics will include (but aren’t limited to) implications on constitutional and statutory rights; challenges in processing, collecting, and testing crucial evidence; jail overcrowding and requests for bail; and the continuity of victim/witness services.