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Just Exits: Achieving Justice: The Prosecutor’s Role

The criminal justice system can serve as both an on-ramp to and an off-ramp from sex trafficking and exploitation. As gatekeepers within the criminal justice system, prosecutors are uniquely positioned to identify sexually exploited women and girls, make fair charging decisions, facilitate criminal record relief, and link survivors with services and support. In these ways, prosecutors can clear the way to a different life path and achieve justice for survivors. 

The presenters bring their lived and professional experience to this presentation, which emphasizes prosecutors’ duties to achieve justice over convictions and to proactively remedy wrongful convictions. Presenters discuss strategies for engaging survivors, avoiding wrongful criminalization, and providing access to just criminal record relief.

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Just Exits: Assessing Culpability: Context Before Conviction

Human traffickers assert force, fraud, and coercion against victims in order to profit from commercial sex or forced labor or services. Offenders use a variety of tactics designed to ensure that victims will do what they are told without resistance, questioning, or disclosure to law enforcement. This physical, psychological, emotional, and spiritual control too often allows traffickers to escape accountability.  This presentation is designed to improve responses to trafficking and exploitation while ensuring that victims are not inappropriately charged with crimes they are forced to commit.

 

Collaboration is key to any response to trafficking and exploitation, but imperative where the complexity of victim-offender dynamics is not easily understood or revealed.  This presentation provides law enforcement and prosecutors with strategies to uncover the reality of the victim’s involvement in the trafficking organization or within the exploitation dynamic. Presenters provide a framework for assessing the culpability of individuals who may initially be identified as both victims and defendants. They also provide suggestions to assist prosecutors in making ethical and appropriate immunity and charging decisions as well as designing appropriate dispositions.

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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.

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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.

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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.

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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.

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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.

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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.