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Ethical Considerations for Prosecutors in Intimate Partner Violence Cases

Intimate partner violence cases present unique ethical challenges related to victim privacy and confidentiality, prosecutorial discretion, recantation, and disclosure of evidence. Achieving justice in intimate partner violence cases requires prosecutors to have a firm grasp of their legal obligations as well as their ethical responsibilities throughout each stage of the criminal justice process. This recording addresses ethical considerations in the context of charging decisions, immunity, compulsion of victim testimony, Crawford, and the investigative function of a prosecutor. The presenter uses hypothetical case scenarios to challenge prosecutors to evaluate their decision-making in the context of ethical rules and principles.

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.

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Criminal Meets Civil: Coordinating Our Response

Prosecutors know that a coordinated response to intimate partner violence provides maximum support to victims. Prosecutors and attorneys representing victims in civil proceedings are equally dedicated to victim safety, but may not always fully appreciate the value and limitations of each other’s role in the process. This presentation highlights the importance of coordination between prosecutors and victims’ civil attorneys and suggests ways they can work together to identify helpful evidence that will be admissible in the criminal case. The presenter also explores ways in which civil proceedings in family or other civil courts can support the victim while the criminal case is pending.

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.

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Context is Everything: Battered Women Charged with Crimes

There are many dilemmas facing police, prosecutors, and allied professionals who deal with domestic violence, especially in cases where battered women have been charged with crimes. Mandatory arrest policies can lead to the arrest of victims exercising their right to self-defense or otherwise acting in response to the dynamics of the violent relationship. This webinar emphasizes the importance of contextual analysis in evaluating criminal responsibility at all stages of the criminal justice process. Such analysis will help to ensure that the dynamics of domestic violence are properly factored into decisions about arrest, charging, plea negotiations, and sentencing, and will enhance the quality of justice for those who have been victims of abuse.

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.

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Challenges Multiplied: Multi-Defendant Rape and Witnessed Rape

Multiple-offender and witnessed rape cases are becoming more prevalent and more complex due to the use of technology – particularly social media – to threaten and intimidate both victims and witnesses. The challenges to prosecution require innovative solutions to achieve justice while protecting victim privacy and witness safety.This webinar addresses issues that commonly arise in these cases, including: digital evidence; joinder and severance, immunity; principals and accessories; admissibility of evidence; witness intimidation; and common defenses.

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.

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Body-Worn Cameras and Gender-Based Violence: Practical Considerations from the Prosecution Perspective

Over the past decade, law enforcement’s use of body-worn cameras (BWCs) has significantly increased. While BWCs can provide helpful evidence in cases involving gender-based violence (GBV), their use may also adversely impact victim safety and privacy. This webinar discusses many of the issues law enforcement, prosecutors, forensic examiners, and other allied professionals must consider when BWCs are used in GBV investigations. The presenter describes the importance of multidisciplinary collaboration – at the local, state, and federal levels – in order to develop effective BWC policies that address victim safety, privacy, and autonomy. The presenter also addresses issues such as deactivation of a BWC at appropriate points during the investigation; privacy and safety considerations; discovery, redaction, and protective orders limiting dissemination; and requests under freedom of information or open records statutes.

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.

Please note: The audio recording had a few technical glitches. There are a few brief gaps where the training paused in order to reconnect. Please excuse these disruptions.

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Beyond Conviction Rates: Measuring Success in Sexual Assault Prosecutions

Prosecutorial effectiveness is commonly measured by conviction rates, largely because they are readily available. But, are conviction rates an accurate measure of success? Experienced prosecutors know they won’t win every case. In fact, some would argue that if you aren’t losing any cases, you aren’t trying the right ones. This presentation discusses promising sexual assault prosecution strategies as well as measuring effectiveness in a way that does not rely solely upon conviction rates. The presenters discuss other, more meaningful performance measures, and describe how they can be used to more accurately measure and sustain effective prosecution practices.

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.

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The Prosecutors’ Resource on Forfeiture by Wrongdoing

Forfeiture by wrongdoing is a longstanding exception to a defendant’s Sixth Amendment right to confront the witnesses against him. If a defendant causes a witness to be unavailable for trial through his wrongful acts, with the intention of preventing that witness from testifying, then the introduction of the witness’s prior testimonial statements is not barred by the Confrontation Clause of the Sixth Amendment of the United States Constitution. This resource will review the origins and requirements of forfeiture by wrongdoing, examine its utility in domestic violence cases, outline trial strategies, and provide a checklist for hearings on forfeiture.

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Betraying the Badge: Officer-Involved Domestic Violence

Batterers who wear a badge can misuse their professional training and authority as weapons against their victims. Officers who are victims of intimate partner violence may be reluctant to identify as victims and may face negative professional consequences for reporting, or failing to report, the abuse. This webinar addresses: the complex dynamics of violence when one or both parties are in law enforcement; effective management of simultaneous administrative and criminal proceedings; provision of appropriate services for victims; and the mitigation of consequences for victim-officers who recant, fail to appear, or otherwise decline to participate.

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.

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A Study in Labor Trafficking: Modes, Means, and Methods of Organized Trafficking Operations

Labor trafficking organizations often operate clandestinely in legitimate venues and industries, causing victims to routinely go undetected or be misidentified. This webinar uses a case study to highlight the key findings from a recent Urban Institute/Northeastern University report. The presenters offer strategies for overcoming some of the barriers in identifying, investigating, and prosecuting labor trafficking, including how to apply the research to practical investigative techniques, overcome common misconceptions about labor trafficking, and effectively coordinate with allied professionals in the justice system, business community, and community-based programs.

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.