This brief overview of The Problem-Solving Prosecutor: Modern Variations on the Crime Strategies Unit summarizes the core elements of intelligence-driven prosecution models.
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.
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.
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.
Witness Intimidation Part I: Enhancing Witness Safety: Preventing and Responding to Intimidation
Part I of the series will discuss a coordinated system response to the challenges presented by witness intimidation. The presenter will explore methods for enhancing victim and witness safety, improving witnesses’ ability to participate in the justice system, and holding offenders accountable at all stages of the criminal justice process.
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.
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.
Combating Witness Intimidation
Making It Stick: Protecting the Record for Appeal
Having a sexual assault, domestic violence, or human trafficking case reversed on appeal can result in a re-trial with stale evidence, reluctant witnesses, and a victim who is forced to relive the case when she is finally beginning to heal. Though the appellate process is unavoidable, a prosecutor can bring a measure of finality to the criminal justice process by carefully building a strong trial court record that supports the conviction and the sentence imposed and withstands appellate challenges. This article discusses the proper creation and protection of the record during all phases of a criminal case, focusing on investigation, charging, plea agreements, trial preparation and strategy, summation, and sentencing. It addresses pretrial motions, recommends the use of trial briefs on anticipated trial problems, and explains how strategic charging decisions can result in admission of evidence that might otherwise be excluded.
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Disarming the Batterer: United States v. Castleman
The 2014 United States v. Castleman decision ensures that individuals who have been convicted of misdemeanor crimes of domestic violence—even those that include as an element “offensive touching”—will be subject to the federal prohibition on possession of firearms. This article includes analysis and prosecution strategies for domestic violence cases in response to the decision. It ultimately concludes that the effectiveness of the federal statute as a means of disarming such offenders will depend upon the care and diligence of prosecutors who must correctly identify and prosecute those offenders so that professionals having the responsibility for enforcing that prohibition can accurately and easily determine their ineligibility to possess a firearm.
