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.
Keeping Doors Open: Domestic Violence and COVID-19
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.
Model Response to Sexual Violence for Prosecutors (RSVP) Appendices
Model Response to Sexual Violence for Prosecutors (RSVP) Volume I: An Invitation to Lead
Human Trafficking and Toxicology
Human traffickers control their victims through force, fraud, and/or coercion. Coercion, specifically, can take many forms, including seeking out vulnerable victims facing substance abuse. In other cases, traffickers may introduce victims to drugs and alcohol to facilitate their crimes and establish additional control. Understanding basic toxicology better allows law enforcement, prosecutors, and medical professionals to recognize how drugs and alcohol affect a victim’s ability to disclose, participate in the criminal justice system, and recover from the trauma of trafficking.
This presentation will identify common dynamics in sex and labor trafficking and describe how drugs and alcohol are used to assert and maintain control over victims and perpetrate trafficking and trafficking related crimes. The presenter will discuss the importance of and strategies for collaborating with medical professionals to identify drug-facilitated human trafficking, provide much needed care, and educate other allied professionals about the effects of drug use in the context of trafficking dynamics
Presence of Victim Advocate in Forensic Examination
This resource is a statutory compilation on the presence of victim advocates during forensic examinations in sexual assault cases.
Summary of Laws & Guidelines – Payment of Sexual Assault Forensic Examinations
Victims of sexual assault often undergo a Sexual Assault Forensic Examination (SAFE) following an assault and may also receive additional medical treatment for physical and emotional injuries. The majority of states provide for partial or complete payment for a victim’s examination costs. This resource is a summary of the statutes and guidelines related to payment for forensic examinations. The research compiled includes: which agency pays, the specific criteria for payment, what services are included and not included in payment schemes, other authorization or eligibility requirements, disqualifying factors, payment methods, whether the state requires restitution from a guilty defendant, and the existence of evidence retention laws related to sexual assault kits (SAKs).
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Anonymous Reporting in Sexual Assault Cases
This one-pager is a concise summary of anonymous reporting, also known as “Jane Doe” reporting, which refers to cases in which a forensic medical examination is conducted, evidence is collected, and medical treatment is provided for a sexual assault victim who does not report the crime to law enforcement. The resource outlines how anonymous reporting works, what happens to rape kits in those case, and where to go for more information on DNA testing and anonymous reporting.
