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Utilizing Eavesdropping Warrants to Successfully Investigate and Prosecute Sex Traffickers

Criminal justice professionals face a variety of challenges when investigating and prosecuting human trafficking cases. One of the most difficult of these challenges to overcome is building cases that allow prosecutors to hold offenders accountable when victims are justifiably too scared or traumatized to participate in an investigation and prosecution. Law enforcement officers should therefore strive to build cases that stand on their own, with or without victim testimony.

Whether a victim testifies or not, live and surreptitious interception of offender communications is a way for officers to continue to work a case and collect evidence to build a strong prosecution. When victims do testify, evidence obtained from a wiretap can be crucial to support their credibility before a jury, and in the event that a prosecutor is presenting a case without a participating victim, such evidence may be able to fill in the gaps to prove the charge beyond a reasonable doubt.

A wiretap may produce key evidence of a target’s role in an organized trafficking scheme or of the guilt of an actor working alone. They may provide crucial out-of-court statements that can help prosecutors convict a trafficker. Wiretaps may also identify other crimes the trafficker is committing, enabling prosecutors to hold offenders accountable for the full range of their criminal conduct or allowing alternative charges when trafficking offenses are unable to be pursued without victim testimony. This article provides law enforcement officers and prosecutors with an introductory and practical overview of obtaining eavesdropping warrants and utilizing the resulting evidence. Wiretapping Corrected Article

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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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From Stats to Solutions: Data-Driven Responses to Baton Rouge’s Opioid Crisis

East Baton Rouge has been ravaged by the opioid crisis that has affected much of America. With hundreds of overdose deaths within the parish each year, the majority of which involved opioids in some capacity, the East Baton Rouge District Attorney’s Office (EBRDA) sought to combat this epidemic. The office applied for and was awarded a Smart Prosecution – Innovative Prosecution Solutions (IPS) grant with the goals of reducing the number of overdose deaths and enhancing prosecutions of individuals who contribute to those deaths. EBRDA has used its grant to produce data which in turn is used to develop innovative, economical, and effective strategies and programs.

Presenters will examine the EBRDA’s IPS project and describe its success and challenges. They will focus on how other jurisdictions can use their information and data to create similar programs that will provide lasting impacts in the community. This presentation will provide insight into different strategies that offices can pursue as they work to combat the opioid overdose epidemic.

At the end of this presentation, participants will be better able to:

– Use data to assess and respond to the opioid abuse and overdose crisis in their community
– Identify traditional and non-traditional criminal justice partners to assist in responding to the opioid crisis
– Evaluate their response to the opioid crisis

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Prosecutor Guide to Jury Selection in Cases with LGBTQ+ Victims of Domestic Violence, Sexual Assault, and Stalking

A prosecutor’s first opportunity to combat potential bias during a criminal trial is jury selection. Jury selection, also known as voir dire, provides an opportunity to address bias, correct misconceptions, and strive for fairness in the process. Jury selection is also an opportunity to educate the panel about the crime and parties, to obtain promises to follow instructions on the law, and to plant seeds about the concepts of fairness and justice in the context of the current case. For cases involving LGBTQ+ victims, a comprehensive voir dire strategy is key to ensuring that anti-LGBTQ+ bias does not determine the outcome of the trial.

This Guide, developed in partnership with AEquitas and the American Bar Association, is designed to support prosecutors in drafting jury selection questions and related motions in limine to help address anti-LGBTQ+ bias among potential jurors.

This project was supported by Grant No. 15JOVW-21-GK-02238-MUMU awarded by the U.S. Department of Justice, Office on Violence Against Women. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.Prosecutor Guide to Jury Selection (OVW Approved)

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Just Exits: Achieving Justice: The Prosecutor’s Role

The criminal justice system can serve as both an on-ramp to and an off-ramp from sex trafficking and exploitation. As gatekeepers within the criminal justice system, prosecutors are uniquely positioned to identify sexually exploited women and girls, make fair charging decisions, facilitate criminal record relief, and link survivors with services and support. In these ways, prosecutors can clear the way to a different life path and achieve justice for survivors. 

The presenters bring their lived and professional experience to this presentation, which emphasizes prosecutors’ duties to achieve justice over convictions and to proactively remedy wrongful convictions. Presenters discuss strategies for engaging survivors, avoiding wrongful criminalization, and providing access to just criminal record relief.

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Truth-Detection Devices and Victims of Sexual Violence: A Shortcut to Injustice

An overreliance on truth-detection devices and misunderstandings about the dynamics of sexual violence can correlate with a belief that their use with victims of sexual violence is the best method to conduct complete investigations even though such methods would never be entertained for victims of other types of crimes. This is alarming not only because the results of such tests are unreliable, but the very use of truth-detection devices with victims of sexual violence can do more harm to the victim and frustrate the pursuit of justice. While the utility of truth-detection tests for enticing suspects to agree to be interviewed has long been recognized, there is less appreciation that their use with victims of sexual violence is clearly irreconcilable with trauma-informed interviewing techniques designed to elicit victims’ fullest recollections of events while avoiding further harm. This article provides a brief overview on the his- tory and modern forms of truth-detection devices and discusses how the earliest concerns about their reliability and limitations continue to be valid today. It will discuss why truth-detection devices are inappropriate and how, in many jurisdictions, they are prohibited from being used when interviewing victims of sexual violence. Despite the reliability concerns, it will also be discussed how truth-detection devices remain a potentially useful tool during questioning of suspects.

Truth-Detection Devices and Victims of Sexual Violence- A Shortcut to Injustice
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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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Safeguarding Victim Privacy: A Plan of Action 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? Filing motions for protective orders and vigorously opposing defense demands for irrelevant private information is an important part of trial practice for any prosecutor responsible for these sensitive cases. This webinar identifies categories of confidential and/or privileged victim information and records, discusses threshold requirements for defense attempts to obtain such information or for in camera review of records, and suggests pretrial and trial strategies that support the protection of victim privacy, including collaboration with allied professionals to safeguard private information.

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.