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Just Exits: Assessing Culpability: Context Before Conviction

Human traffickers assert force, fraud, and coercion against victims in order to profit from commercial sex or forced labor or services. Offenders use a variety of tactics designed to ensure that victims will do what they are told without resistance, questioning, or disclosure to law enforcement. This physical, psychological, emotional, and spiritual control too often allows traffickers to escape accountability.  This presentation is designed to improve responses to trafficking and exploitation while ensuring that victims are not inappropriately charged with crimes they are forced to commit.

 

Collaboration is key to any response to trafficking and exploitation, but imperative where the complexity of victim-offender dynamics is not easily understood or revealed.  This presentation provides law enforcement and prosecutors with strategies to uncover the reality of the victim’s involvement in the trafficking organization or within the exploitation dynamic. Presenters provide a framework for assessing the culpability of individuals who may initially be identified as both victims and defendants. They also provide suggestions to assist prosecutors in making ethical and appropriate immunity and charging decisions as well as designing appropriate dispositions.

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Digital Evidence Part I: The Investigative Stage — Recognition, Collection, Search

This two-part webinar series presented by the Denver District Attorney’s Office, in partnership with AEquitas, explores the scope of data available from sources of digital evidence and strategies on how such data can effectively be developed with forensically-sound practices. Presenters discuss theories of admission, rules of evidence, and “real life” examples to demonstrate how to properly authenticate and introduce digital evidence in court proceedings. Part I of the series explores the different types and sources of electronic data that are available to investigators; how such data can be properly collected, regardless of whether it is in a physical device or electronic records; and methods to facilitate searching and seizing data.

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Part III: The Principles of Witness Protection

Join AEquitas for the third of a three-part webinar series that explores the ways in which offenders and their allies intimidate victims and witnesses of crime, the effects of intimidation on the criminal justice system response, and the methods for preventing and responding to witness intimidation. Part III of the series focuses on the principles of witness protection, which include tactical considerations, addressing the trauma to the victim/witness, and supporting lifestyle changes. The presenter discusses the importance of determining whether an imminent and credible threat against the life of a victim/witness exists by utilizing a dynamic screening and threat assessment tool, understanding the impact of trauma on the path to change, and recognizing the signs of trauma in clients, families, staff, and others.

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Confronting Racial Bias & Implementing Strategies to Ensure Justice in the Prosecution of Sexual Violence, Domestic Violence, Stalking, and Human Trafficking

This web-based panel is hosted by AEquitas and the National Black Prosecutors Association and explores the ways in which bias against Black women affects the investigation and prosecution of sexual assault, domestic violence, stalking, and human trafficking. Panelists address the following topics:

-Effects of inequalities and challenges that Black women uniquely face as victims of sexual assault, domestic violence, stalking, and human trafficking;

-Barriers to reporting crimes—such as bias and stereotypes held by law enforcement prosecutors, judges, and jurors— which can translate into disparate outcomes for victims through unfair credibility determinations; 

-The impact of bias on the accuracy of assessments of the probability of conviction in cases, and the collateral consequences on a victim’s ability to seek restoration; 

-The necessary commitment offices must make to eradicate implicit bias among its staff and enhance recruitment, mentorship, and support for individuals who are Black and/or African American and people of color; and

-Strategies for prosecutors’ offices to enhance justice for victims by engaging in cultural humility, promoting criminal record relief, improving training, and ensuring accountability reinforced by data.

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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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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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Funding Opportunity: Innovative Prosecution Solutions FY’20

The U.S. Department of Justice Bureau of Justice Assistance (BJA) will be offering funding to state and local prosecutor’s offices for its FY’20 Innovative Prosecution Solutions for Combating Violent Crime (IPS) initiative. The IPS program supports prosecutor-led strategies for responding to violent crime and enhancing public safety.

Join BJA and AEquitas, the lead Training and Technical Assistance (TTA) provider on the IPS initiative, for a webinar on the upcoming solicitation. It will include a discussion of application eligibility and the application process, program requirements, and examples of previously successful proposals.

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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.