This article discusses the dynamics and tactics commonly encountered in officer-involved domestic violence; emphasizes the importance of departmental policies and protocols for prevention of, and response to, violence in the law enforcement family; explains the need for a coordinated, yet firewalled internal investigation that will not compromise the criminal prosecution of the offender; and suggests strategies for investigation and prosecution of officer-involved domestic violence.
Pennsylvania’s New Victim Behavior Expert Testimony Statute Upheld: Commonwealth v. Olivo
On November 18, 2015, the Pennsylvania Supreme Court decided Commonwealth v. Olivo, upholding, against state constitutional attack, the new Pennsylvania evidentiary statute permitting expert testimony to explain victim behavior in the prosecution of crimes of sexual violence. Previously, the courts of Pennsylvania had steadfastly resisted admission of such testimony, despite the widespread acceptance of such evidence by other courts across the country. This article reviews the facts of the case and discusses its implications for highlighting the important role of expert testimony in aiding juries to reach just verdicts, unhindered by myths and misconceptions about how “real” victims would behave. Pennsylvanias-New-Victim-Behavior-Expert-Testimony-Statute-Upheld-Commonwealth-v.-Olivo-SIB25
A Prosecutor’s Reference – Medical Evidence and the Role of Sexual Assault Nurse Examiners in Cases Involving Adult Victims
Prosecutors should consider the potential testimony that can be provided by Sexual Assault Nurse and Sexual Assault Forensic Examiners (SANEs/SAFEs). This monographs evaluates studies that show connections between medical-forensic examination and evidence collection and more positive criminal justice outcomes, leading prosecutors to consider the potential testimony that can be provided by these kinds of medical experts.
Williams v. Illinois and Forensic Evidence: The Bleeding Edge of Crawford
The application of Crawford principles in the context of forensic evidence continues to plague the criminal justice system. The United States Supreme Court’s decision in Williams v. Illinois raises more questions than it answers about when and how an expert may testify to conclusions based upon the opinions or work of other (non-testifying) experts or technicians. This webinar reviews the relevant case law, and explores how trial prosecutors can present a case involving forensic testing conducted by a multitude of technicians and experts. It also addresses Williams’s impact on cold cases, in which original experts who performed autopsies and other forensic examinations and testing are no longer available for trial. The presenter provides practical suggestions to trial prosecutors who must balance limited resources against the need to secure convictions that will withstand confrontation challenges on appeal.
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.
Making Your Case: Evidence-Based Prosecution
A recurring concern in domestic violence cases is whether and how the victim will testify at trial. Many victims are subject to intense pressures—including intimidation and manipulation—that discourage them from participating in a criminal prosecution. When victims do participate, they may minimize the level of violence or the defendant’s culpability, recant prior statements, or testify for the defense. While these cases present unique challenges, they can still be prosecuted successfully. This webinar focuses on: evidence-based considerations that enable prosecutors to remain victim-centered and to try cases where the victim is an absent or reluctant witness; investigative techniques that support a comprehensive approach to the identification and documentation of evidence, including evidence of intimidation and manipulation; trial strategies, including the use of expert testimony to explain victim behavior, that will enable the jury to return a guilty verdict regardless of whether or how the victim testifies.
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.
Introducing Expert Testimony in Sexual Violence Cases
Experienced professionals familiar with the dynamics of sexual violence understand that victims have individual responses to trauma that are often counterintuitive to public expectations. Without the benefit of a proper explanation, however, jurors may wrongly interpret a victim’s actions during and after an assault as reasons not to believe the victim’s testimony. Expert testimony to explain victim behavior is often the best way to dispel myths and educate the jury to make an informed decision based on a view of the evidence within an accurate context. This webinar describes the impact of trauma on victims, including cognitive and behavioral reactions, and discusses the effect of common victim behaviors on factfinders’ assessments of victim credibility. It discusses the law related to the prosecution’s introduction of expert testimony on victim behavior, how to identify experts qualified to testify on this subject, and what the parameters of such testimony should be.
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.
Introducing Expert Testimony in Domestic Violence Cases
Popular perceptions of how victims should respond to physical and emotional trauma often conflict with the way victims actually behave; these misconceptions can severely affect the fact finders’ assessment of victim credibility and, ultimately, the case outcome. Introducing expert testimony to explain victim behavior is a way to dispel myths and assist the jury in making an informed decision based on the evidence. This webinar describes common victim behaviors and dynamics in intimate partner violence cases, as well as their impact on fact finders’ assessments of victim credibility. The presenter discusses the law related to the admission of expert testimony to explain victim behavior and suggests ways to identify qualified experts. The presentation highlights the importance of deciding whether to introduce expert testimony in a case and explains the value of consulting with experts during trial preparation regardless of whether such testimony will be introduced.
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.
Integrating a Trauma-Informed Response
Short- and long-term reactions to trauma manifest in a variety of behaviors that may have an impact on a victim’s ability to participate in the criminal justice process. In order to keep victims safe and engaged throughout the process, allied professionals must ensure that their interaction with victims and their decision-making take into account the wide-ranging effects of trauma. This webinar addresses how to recognize the signs and symptoms of trauma following a crime of violence. The presenters discuss strategies for conducting thoughtful and effective victim interviews, collaborating with allied professionals to achieve a fully integrated trauma-informed approach, and explaining victim behavior at trial.
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.
The Prosecutors’ Resource on Sexual Abuse in Confinement
Sexual abuse in confinement has persistently presented tremendous challenges to investigators and prosecutors because of internal and external barriers to reporting, including the behaviors, actions, and decision-making power of first responders that may result in the failure to make an official report to law enforcement. Additional challenges include issues related to evidence collection and retention, identification of witnesses, and multi-level biases against inmates. This resource provides an overview of the Prison Rape Elimination Act and national standards related to a victim-centered, offender-focused investigation and prosecution of a sexual abuse in confinement. The issue discusses detailed strategy for prosecuting these cases, including investigation, pretrial, jury selection, trial testimony and sentencing.
