The opioid epidemic has presented prosecutors with new challenges and questions. “We can’t arrest our way out of this problem” is the new tagline of the epidemic. Through the opioid crisis may be the result of criminal actions by pharmaceutical companies, profit-driven drug sellers, and corrupt physicians, modern prosecutors acknowledge that addiction itself is a medical condition, not a crime. The prosecutor is faced with decisions on two fronts, how to address the criminal activity of drug sellers and how to treat the medical issues of drug users. There is no simple answer. The goal of this guide is to provide options and to highlight innovative, effective strategies for improving prosecutors’ responses to overdose deaths. These responses range from providing access to treatment to prosecuting overdose deaths as homicides.Seeking Justice and Solutions- A Prosecutor’s Guide to Opioid Overdose Investigations
Proactive Prosecution: Protecting the Record and Overcoming Pre-Trial Issues During COVID-19
The COVID-19 pandemic has raised new issues and exacerbated persisting challenges for prosecutors, who are consistently faced with the task of preparing cases that are victim-centered, sensitive to constitutional guarantees, and resilient to vulnerabilities on appeal. Virtual hearings and other accommodations made to criminal justice processes in light of COVID-19 implicate concerns related to the rights of victims and defendants, as well as the public’s right to open and accessible proceedings. Issues related to pre-trial detention and potential continuances also take on new dimensions during the pandemic. Furthermore, the uncertainty caused by COVID-19, and the complexity it adds to cases, lends itself to the litigation of novel defense motions and challenges. An effective response to this unprecedented time requires proactive consideration of statutes and case law and also engages fundamental principles of pre-trial practice.
This webinar addresses potential legal issues raised by the COVID-19 pandemic and discusses strategies to prepare for defense challenges and mitigate appellate exposure.
Criminal Jury Trials During COVID-19: Prosecution Leadership for a New Era
This webinar addresses the potential impact of pandemic safety measures on criminal jury trials and strategies for protecting the integrity of the proceedings. Presenters discuss strategies for triaging delayed cases; considerations of constitutional rights, including the 6th amendment right to a speedy and public trial, the 6th amendment right to confrontation, and the 1st amendment freedom of the press; the use of juror questionnaires as a way to minimize potential exposure to COVID-19 during jury selection; and methods for adapting prosecution strategies to virtual platforms.
Opioids and Drug Delivery Resulting in Death
The opioid epidemic has devastated communities across the United States, resulting in hundreds of thousands of lives lost in the past two decades. In response, state and local prosecutors have taken a multifaceted approach to the crisis: diverting defendants with substance abuse issues from traditional prosecution, educating communities about the dangers of opioid addiction; and increasingly, seeking to hold drug traffickers and dealers accountable for the deaths they cause. This webinar will spotlight one office’s efforts to tackle the opioid crisis. Tonya Lupinacci of the Montgomery County District Attorney’s Office in Norristown, PA will discuss strategies that are broadly applicable to jurisdictions across the country, with a special emphasis on prosecuting Drug Delivery Resulting in Death and similar crimes. The session will focus on the evidence necessary for building these cases, theories of offender liability, and effective presentation of evidence at trial.
Overcoming the Consent Defense: Prosecuting Known Offenders
This presentation will address the challenges inherent in prosecuting known offenders and alcohol-facilitated sexual assault, with an emphasis on overcoming the consent defense. The presentation will examine offender characteristics, motivations, and behaviors as well as the impact of the offender’s actions on the victim. The presenter will suggest strategies for overcoming common misconceptions at trial, including the importance of establishing a compelling trial theme, introducing evidence of the defendant’s predatory behavior, presenting corroborating evidence to support witness credibility, and recreating the reality of the crime at trial.
Justice in the Time of COVID-19: Strategic Responses
Social distancing and quarantine measures in response to the COVID-19 pandemic have affected all aspects of our society, including the judicial system. While these public health measures are necessary to keep our communities safe and healthy, court closures and subsequent delays in case processing, as well as other social distancing measures, will require criminal justice professionals to adapt in order to continue holding offenders accountable while protecting their rights; meeting victim/witness needs; and maintaining public safety.
This panel discussion, featuring Nancy O’Malley, District Attorney of Alameda County, CA; Ed McCann, First Assistant District Attorney of Montgomery County, PA; and Sherry Boston, District Attorney of DeKalb County, GA, as well as AEquitas Attorney Advisors, will provide practical perspectives to help guide prosecutors and other criminal justice system actors through the broad scope of issues raised by COVID-19; current responses from prosecutor’s offices around the country; and logistical and legal strategies for ensuring justice while social distancing measures remain in place. Topics will include (but aren’t limited to) implications on constitutional and statutory rights; challenges in processing, collecting, and testing crucial evidence; jail overcrowding and requests for bail; and the continuity of victim/witness services.
