Posted on

Safeguarding Victim Privacy in a Digital World: Ethical Considerations for Prosecutors

Prosecutors have an obligation to provide to the defense all evidence in the government’s possession or control that is material to a defendant’s guilt or punishment. How can we fulfill that obligation, while at the same time safeguarding victim privacy against unnecessary disclosure? In the digital age, these cases present unique ethical challenges related to privacy and confidentiality, prosecutorial discretion, recantation, and disclosure of evidence. This presentation uses hypothetical case scenarios to: address ethical considerations in the context of the investigative function of prosecutors, digital evidence, discovery obligations, and immunity; identify confidential, privileged, non-material, and/or irrelevant victim information and records; discuss threshold requirements for defense attempts to obtain information or for in camera review; introduce pretrial and trial strategies that support the protection of victim privacy, including collaboration with allied professionals.

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.

Posted on

Overview of Stalking and Technology: Prosecution Strategies

Stalking affects 6.6 million people in the United States each year and every day, in courtrooms throughout the country, stalking victims recount the fear and distress they have experienced as a result of this crime. Stalkers create and exploit vulnerabilities in their victims, relying on technology and manipulation of the justice system to conceal their crimes and cast doubt on their victim’s credibility. This webinar gives an overview of stalking and the modern technology stalkers use. It discusses investigation and prosecution strategies as well as interviewing techniques designed to maximize victim participation and safety. It also addresses the correlation between stalking and other forms of violence and examines the role of stalking in assessing lethality. The presentation emphasizes the importance of using a collaborative approach between law enforcement, victim advocates and prosecutors to assist victims and hold offenders accountable.

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.

Posted on

Keep Calm and Understand Elonis v. U.S.

The decision of Elonis v. United States, 135 S.Ct. 2001 (2015), in which the United States Supreme Court reversed the defendant’s conviction for posting on Facebook threats to harm his wife and others, has caused a good deal of concern among prosecutors, civil attorneys representing victims in protective order proceedings, law enforcement, and advocates. The webinar analyzes the Court’s opinion, breaks down its meaning for the investigation and prosecution of cases involving online threats and stalking, and explains why the Elonis decision is not cause for alarm. The presenters, one of whom authored an amicus brief in the Elonis case, suggest strategies for charging and presenting evidence in cases involving threats or stalking on public forums, such as Facebook, to maximize the likelihood of a conviction that will stand up on appeal.

This webinar recording should qualify prosecutors for 1.25 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

Posted on

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.

Posted on

Challenges Multiplied: Multi-Defendant Rape and Witnessed Rape

Multiple-offender and witnessed rape cases are becoming more prevalent and more complex due to the use of technology – particularly social media – to threaten and intimidate both victims and witnesses. The challenges to prosecution require innovative solutions to achieve justice while protecting victim privacy and witness safety.This webinar addresses issues that commonly arise in these cases, including: digital evidence; joinder and severance, immunity; principals and accessories; admissibility of evidence; witness intimidation; and common defenses.

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.

Posted on

#GUILTY: Identifying, Preserving, and Presenting Digital Evidence

Unfortunately, as technology becomes more integral to our lives, offenders increasingly misuse technology to facilitate crimes against women, and as a means to assert power and control in the course of an intimate partner relationship. This webinar demonstrates how cyber investigations can be used to reveal evidence of criminal activity, as well as evidence of the power and control dynamics of an abusive relationship. The presenter discusses theories of admission, rules of evidence, and case law using “real life” examples to demonstrate how to properly authenticate and introduce digital evidence in civil and criminal proceedings.

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.