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Williams v. Illinois and Forensic Evidence – The Bleeding Edge of Crawford

The application of Crawford principles in the context of forensic evidence continues to plague the criminal justice system. The United States Supreme Court’s decision in Williams v. Illinois raises more questions than it answers about when and how an expert may testify to conclusions based upon the opinions or work of other (non-testifying) experts or technicians. This article reviews the relevant case law, and explores how trial prosecutors can present a case involving forensic testing conducted by a multitude of technicians and experts. It also addresses Williams’ impact on cold cases, in which original experts who performed autopsies and other forensic examinations and testing are no longer available for trial. The author provides practical suggestions to trial prosecutors who must balance limited resources against the need to secure convictions that will withstand confrontation challenges on appeal.

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Integrating a Trauma-Informed Response in Violence Against Women and Human Trafficking Prosecutions

This Strategies Newsletter describes a trauma-informed approach to responding to these crimes and discusses practices where such an approach has already been incorporated, highlighting areas where continued, additional integration is necessary. This article also identifies gaps in the application of the approach, specifically in reference to other co-occurring, violence against women and human trafficking crimes, and suggests strategies to more effectively integrate trauma-informed investigative and prosecutorial practices.

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The Prosecutors’ Resource on Crawford and its Progeny

There are many barriers to victims’ participation in the prosecution of their abusers. When prosecuting a domestic violence case with a non-participating victim (one who either is not in court, or who is in court but is unavailable by reason of refusal to testify, exercise of a privilege, illness, or incompetency) the prosecutor must anticipate a challenge under Crawford v. Washington to the introduction of the victim’s out-of-court statements. Crawford and its progeny are landmark cases that address the admissibility of out-of-court statements in light of an accused’s Sixth Amendment right to confrontation. This Resource focuses on interpretations of the Sixth Amendment’s Confrontation Clause under Crawford. The prosecutor must be aware, however, of the simultaneous need to satisfy state evidence rules concerning hearsay. This paper places Crawford in its historical context, presents a framework for analyzing admissibility of out-of-court statements under the Crawford rules, and provides resources, sample questions, and strategy suggestions to assist the prosecutor in satisfying the confrontation requirements under the Sixth Amendment.

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The Prosecutors’ Resource on Witness Intimidation

This resource outlines effective prosecution strategies for cases where witness intimidation is, or may be, a factor. It provides guidance for prosecution practices that will enhance the safety of victims and witnesses. The paper discusses the first steps a prosecutor should take upon being assigned a case in which witness intimidation is, or may be, an issue. It then discusses strategies for the various phases of a criminal prosecution, from pretrial through the final pretrial conference. Finally, the paper discusses sentencing considerations, including the need for appropriate post-release conditions that enhance the ongoing safety of victims and witnesses.

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Witness Intimidation – Meeting the Challenge

Witness intimidation can hinder the investigation and prosecution of any criminal case, but it presents predictable challenges in certain categories of crime. Where the defendant has a pre-existing relationship with the victim, or in cases involving gangs or organized crime, the defendant often has the ability, directly or indirectly, to continue to inflict harm upon, or to exercise influence over, the victim or witness long after the precipitating criminal act. This monograph explores the form of witness intimidation, offers strategies to prevent and minimize its effects, suggests trial strategies for cases involving witness intimidation, including the use of forfeiture by wrongdoing as a means of admitting hearsay statements where a defendant has caused a witness’s unavailability for trial.

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The ABCs of BAC: Toxicology for Prosecutors and Investigators

Alcohol’s unique toxicological effects, widespread use, and ease of access render it the ideal substance to facilitate sexual assault. The same factors that make alcohol such a perfect weapon also present unique challenges for investigators, prosecutors, and other allied professionals in alcohol-facilitated sexual assault (AFSA) cases. An understanding of basic toxicology principles is critical for investigators and prosecutors handling these challenging cases from investigation through sentencing to be able to hold offenders accountable for their criminal behavior. This webinar explains the toxicology of alcohol, as well as drugs, in lay terms that will help you understand how alcohol affects the body. Topics include alcohol metabolism, the disproportionate effect of alcohol on women and men, the mechanism of intoxication, an explanation of blackouts vs. pass outs, and other common toxicological issues. It also explores common issues and challenges related to the investigation and prosecution of sexual assault cases where alcohol is present.

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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Under the Radar: Prosecuting Intimate Partner Sexual Violence

The majority of sexual violence victims know their assailants, a fact that can greatly affect and complicate the reactions that victims experience during and after an assault. Intimate partner sexual violence usually co-occurs with other forms of physical and psychological violence and may indicate a greater lethality risk than with other victims of sexual violence. Criminal justice, advocacy, and health care professionals must consider these and other complexities as they seek to create a victim-centered response. This webinar describes the common dynamics, prevalence, perpetrators, and victims of intimate partner sexual assault, examines ways in which allied professionals may need to expand their practices to adequately and holistically care for these victims, and summarizes the legal issues relevant to the prosecution of intimate partner sexual violence.

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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Safeguarding Victim Privacy: A Plan of Action for Prosecutors

Prosecutors have an obligation to provide to the defense all evidence in the government’s possession or control that is material to a defendant’s guilt or punishment. How can we fulfill that obligation, while at the same time safeguarding victim privacy against unnecessary disclosure? Filing motions for protective orders and vigorously opposing defense demands for irrelevant private information is an important part of trial practice for any prosecutor responsible for these sensitive cases. This webinar identifies categories of confidential and/or privileged victim information and records, discusses threshold requirements for defense attempts to obtain such information or for in camera review of records, and suggests pretrial and trial strategies that support the protection of victim privacy, including collaboration with allied professionals to safeguard private information.

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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Prosecuting Cases Involving Victims with Developmental Disabilities: A Focus on Sexual Assault

The traumatic impact of sexual assault may further exacerbate already-existing issues for victims with developmental disabilities. Their condition may affect their participation in a criminal investigation and testimony at trial. Prosecutors must be prepared to address the impact of the disability on the victim and on the dynamics of the crime, particularly when assessing the offender’s behaviors, victim selection, and steps taken to perpetrate the crime. This webinar helps prepare prosecutors to anticipate issues and evidence prior to trial, file and argue pretrial motions, develop trial strategies that take into account the victim’s intellectual/developmental disabilities and mental health issues, introduce relevant evidence at trial while excluding the irrelevant, and consider appropriate sentencing options.

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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Pretrial Motions: Admitting and Excluding Evidence in the Prosecution of Sexual Abuse in Confinement

For cases involving sexual abuse in confinement, many of the same pretrial motions apply that are relevant to any sexual abuse case. Also applicable are motions directly related to confinement, including, for example, motions involving the criminal records of the defendant or victim, prison files, and other behavior or character evidence. Particularly in sexual abuse cases, prosecutors need to be proactive in filing motions to exclude irrelevant and misleading information and to admit crucial evidence in their case-in-chief. This webinar enables prosecutors and allied criminal justice professionals to better anticipate issues and evidence that need to be addressed prior to trial; file and argue pretrial motions; and respond to defense motions.