Witness intimidation can hinder the investigation and prosecution of any criminal case, but it presents predictable challenges in certain categories of crime. Where the defendant has a pre-existing relationship with the victim, or in cases involving gangs or organized crime, the defendant often has the ability, directly or indirectly, to continue to inflict harm upon, or to exercise influence over, the victim or witness long after the precipitating criminal act. This monograph explores the form of witness intimidation, offers strategies to prevent and minimize its effects, suggests trial strategies for cases involving witness intimidation, including the use of forfeiture by wrongdoing as a means of admitting hearsay statements where a defendant has caused a witness’s unavailability for trial.
The ABCs of BAC: Toxicology for Prosecutors and Investigators
Alcohol’s unique toxicological effects, widespread use, and ease of access render it the ideal substance to facilitate sexual assault. The same factors that make alcohol such a perfect weapon also present unique challenges for investigators, prosecutors, and other allied professionals in alcohol-facilitated sexual assault (AFSA) cases. An understanding of basic toxicology principles is critical for investigators and prosecutors handling these challenging cases from investigation through sentencing to be able to hold offenders accountable for their criminal behavior. This webinar explains the toxicology of alcohol, as well as drugs, in lay terms that will help you understand how alcohol affects the body. Topics include alcohol metabolism, the disproportionate effect of alcohol on women and men, the mechanism of intoxication, an explanation of blackouts vs. pass outs, and other common toxicological issues. It also explores common issues and challenges related to the investigation and prosecution of sexual assault cases where alcohol is present.
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.
Technical Evidence in Stalking Prosecutions: Where to Get It and How to Get It In
The use of personal computers, mobile devices, and other technology in stalking activity presents challenges for the prosecutor who must connect the activity to the defendant. Prosecutors must be familiar with the sources of available evidence, how to obtain it from technology providers, and how to present it effectively to a jury. This webinar covers the applicable rules of evidence and relevant case law associated with proving a technology-facilitated stalking case. The presentation provides strategies for introducing technical evidence and for responding to common objections at trial.
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.
Sexual Abuse in Confinement – An Introduction for Prosecutors
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 webinar 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 presenter discusses victim behaviors and the dynamics inherent to a correctional setting. It also focuses on offender tactics, including grooming, isolation, threats, concealment or destruction of evidence, intimidation, the use of allies, and other coercive tactics.
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.
Responding to Intimidation in Human Trafficking Cases
Intimidation or the threat or use of force or other forms of coercion is the keystone of human trafficking. Traffickers rely on intimidation to prevent victims from reporting and ultimately participating in the justice process by exploiting their vulnerabilities. As a result of exploitation and intimidation, victims may not self-identity and may even appear “uncooperative” during the investigation and prosecution of their traffickers. Maintaining victim safety and achieving justice in these cases relies on collaboration among criminal justice professionals and the community-based programs that provide services to victims. This webinar raises awareness, for prosecutors and other criminal justice professionals, about the dynamics and indicators of human trafficking and intimidation. The presenters challenge participants to reevaluate their approach to detecting and prosecuting these crimes while balancing offender accountability against the impact of criminal prosecution on victims.
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.
Prosecuting Strangulation Injury
Strangulation is one of the most lethal forms of violence employed by perpetrators of intimate partner violence. Nonfatal strangulation often results in little or no visible injury to the victim, despite the fact that the victim has been placed at risk of death or serious injury that may not manifest until much later. But in the absence of visible injury, other telltale symptoms may be present. It’s critical for law enforcement officers and other first responders to identify these symptoms of strangulation, document the indicators, and offer and encourage appropriate medical evaluation and treatment. This presentation addresses common misconceptions about strangulation injury and focuses on the real signs and symptoms, medical evaluation and documentation, risk factors, and trial strategies.
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.
Prosecuting Cases of Sexual Abuse in Confinement: A Case Study
Sexual abuse in confinement is a significant issue that extends beyond our nation’s detention facilities and jails. Misconceptions about and biases toward inmates who are crime victims can make cases of sexual abuse in confinement challenging to prosecute. To effectively investigate and prosecute these cases, it’s necessary for criminal justice professionals to understand the realities of a confinement setting as well as how to combat biases against inmates that will lead to credibility challenges that cast doubt on their testimony. This webinar highlights investigative and prosecutorial strategies through an actual case prosecuted at the local level. Examine details of the case from the initial report through the investigation and prosecution. Learn the benefits of the collaborative response as well as the prosecutor’s trial strategies and how these coordinated efforts resulted in a conviction.
Prosecuting Cases Involving Victims with Developmental Disabilities: A Focus on Sexual Assault
The traumatic impact of sexual assault may further exacerbate already-existing issues for victims with developmental disabilities. Their condition may affect their participation in a criminal investigation and testimony at trial. Prosecutors must be prepared to address the impact of the disability on the victim and on the dynamics of the crime, particularly when assessing the offender’s behaviors, victim selection, and steps taken to perpetrate the crime. This webinar helps prepare prosecutors to anticipate issues and evidence prior to trial, file and argue pretrial motions, develop trial strategies that take into account the victim’s intellectual/developmental disabilities and mental health issues, introduce relevant evidence at trial while excluding the irrelevant, and consider appropriate sentencing options.
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.
Pretrial Motions: Admitting and Excluding Evidence in the Prosecution of Sexual Abuse in Confinement
For cases involving sexual abuse in confinement, many of the same pretrial motions apply that are relevant to any sexual abuse case. Also applicable are motions directly related to confinement, including, for example, motions involving the criminal records of the defendant or victim, prison files, and other behavior or character evidence. Particularly in sexual abuse cases, prosecutors need to be proactive in filing motions to exclude irrelevant and misleading information and to admit crucial evidence in their case-in-chief. This webinar enables prosecutors and allied criminal justice professionals to better anticipate issues and evidence that need to be addressed prior to trial; file and argue pretrial motions; and respond to defense motions.
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.
