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.

Making it Stick: Protecting the Record for Appeal

Obtaining a conviction in a sexual assault, domestic violence, or human trafficking case is usually a hard-won victory, whether by guilty plea or by trial. Having a 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 appeal challenges. This webinar 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, and trial briefs on anticipated trial problems, and demonstrates how strategic charging decisions can result in admission of evidence that might otherwise be excluded.

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.

Keep Calm and Understand Elonis v. U.S.

The decision of Elonis v. United States, 135 S.Ct. 2001 (2015), in which the United States Supreme Court reversed the defendant’s conviction for posting on Facebook threats to harm his wife and others, has caused a good deal of concern among prosecutors, civil attorneys representing victims in protective order proceedings, law enforcement, and advocates. The webinar analyzes the Court’s opinion, breaks down its meaning for the investigation and prosecution of cases involving online threats and stalking, and explains why the Elonis decision is not cause for alarm. The presenters, one of whom authored an amicus brief in the Elonis case, suggest strategies for charging and presenting evidence in cases involving threats or stalking on public forums, such as Facebook, to maximize the likelihood of a conviction that will stand up on appeal.

This webinar recording should qualify prosecutors for 1.25 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

It’s About Context, Not Character: Admitting Evidence Under R. 404(b)

Proving a crime of intimate partner violence challenges prosecutors to place the criminal act in the context of the relationship’s dynamic of ongoing power and control, with various forms of abuse that may span years or decades. The fullest possible picture of the relationship better enables the jury to understand the defendant’s motive and intent to inflict harm upon the victim. This can be done through admission of other crimes, wrongs, or acts under Federal Rule of Evidence 404(b) and equivalent state or tribal evidence rules or statutes. This webinar identifies types of evidence that may be admissible for purposes permitted under the Rule, suggests ways in which admissibility under the Rule can be argued, and discusses important considerations to avoid reversible error on appeal.

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.

Investigating and Prosecuting the Intimidation of Victims of Sexual Abuse in Confinement

Victims who are sexually abused while incarcerated literally cannot escape their attackers. The confinement setting compounds the harm to the victims and makes them uniquely vulnerable to intimidation on the part of assailants or their allies. Intimidation hinders the investigation and prosecution of these cases, allows perpetrators to evade accountability, and turns confinement facilities into bastions for sexual abusers. This webinar identifies strategies for investigations and prosecutions that build trust in the criminal justice system and provide multiple safe and confidential means to report these crimes. It also discusses victim and witness safety, retaliatory violence, verbal and physical intimidation, and financial and emotional manipulation. The presenter explains the potential for intimidation and violence over the course of multiple cases or over time in a single case. The presenter also discusses the importance of policies and protocols to promote effective prosecution of these cases

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.

Investigating and Prosecuting Labor Trafficking: Exploitation for the Sake of the Bottom Line

Trafficking manifests in many areas of the labor market – including but not limited to – manufacturing, agriculture, construction, entertainment, service industries and domestic labor, often overlapping with sexual violence. It is critical to connect victims of labor trafficking, involuntary servitude, and debt bondage with critical and comprehensive services while also focusing on holding offenders and business entities accountable. This webinar highlights the importance of collaboration with allied professionals to support a victim-centered response and an offender-focused approach. It also explores a variety of best practices and provides law enforcement and prosecutors with the tools to refine their own 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.

Interviewing Victims of Human Trafficking and Sexual Exploitation: Techniques and Tactics

Trafficking victims are difficult to interview for the same reasons they are difficult to identify. Traffickers manipulate, coerce, threaten, and commit acts of violence against victims, which may result in their inability or unwillingness to self-identify, report to law enforcement, or participate in the criminal justice process. Therefore, the ability to expediently and appropriately identify a victim of trafficking or exploitation is crucial, and often can be accomplished only through effective interviewing. This webinar highlights the importance of preparing for an interview by collaborating with community-based service providers and also explores a variety of interview techniques. The presenters discuss tools for law enforcement officers and prosecutors to use when developing their own questions and protocols for interviewing trafficking 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.

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.

Higher Education: Dispelling Myths to More Effectively Prosecute Campus Rape

Research shows the vast majority of sex offenders are non-stranger rapists and serial offenders. These offenders are often overlooked because they benefit from the common misconceptions and false expectations about a rapist’s relationship to their victim and the frequency of their offending. To more effectively identify, investigate, and prosecute non-stranger rapists on campus, prosecutors must overcome common myths and misconceptions about sexual violence, especially if judges and juries believe them. This webinar provides a comprehensive overview of sex offenders with an emphasis on non-stranger rapists and focuses on strategies for overcoming the unique challenges these offenders present on campus.

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.

From Barriers to Solutions: Investigating and Prosecuting Human Trafficking

Human trafficking thrives in rural, suburban, and urban jurisdictions across the country because it is routinely undetected, overlooked, or misidentified. Further, a lack of coordination between the criminal justice system and community-based programs results in a lack of victim identification and offender accountability. This webinar recording highlights key findings from an Urban Institute/Northeastern University report: “Identifying Challenges to Improve the Investigation and Prosecution of State and Local Human Trafficking Cases.” The presenter offers solutions for enhancing victim identification and safety and increasing offender accountability through the effective investigation and prosecution of human trafficking cases.

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.