Posted on

Legal Jiu Jitsu: Combatting Witness Intimidation in Human Trafficking Cases

Human trafficking often morphs into witness intimidation once investigations and prosecutions are initiated. In collaboration with law enforcement and victim services, prosecutors can both support victim participation and identify evidence that can be used against traffickers to strengthen cases of sex and labor trafficking.

This presentation adheres to the core philosophy of jiu-jitsu which is to use the opponent’s force against themselves. When combating witness intimidation in tandem with human trafficking, prosecutors and law enforcement can take one of the most pervasive tools used by traffickers to quiet their victims to instead, bring the victim’s voice into court via forfeiture by wrongdoing. The presenter discusses strategies to protect victims and strategies to bring their voices into the courtroom when traffickers have relied on witness intimidation to prevent them from testifying.

At the conclusion of the presentation, participants will be better able to:
-Support victim participation in sex and labor trafficking cases
-Minimize and respond to witness intimidation
-Litigate the admission of statements under forfeiture by wrongdoing

This presentation was produced by AEquitas under 15POVC-21-GK-03263-HT, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this presentation are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

Posted on

Prosecution Foundations: Capturing the Full Extent of the Offender’s Criminality

The IACP and AEquitas, with support from the U.S. Department of Justice, Office for Victims of Crime, hosted a conversation between Jane Anderson, Senior Attorney Advisor with AEquitas and David Weiss, the Chief of the Human Trafficking Unit at Kings County (Brooklyn, New York) District Attorney’s Office. As a co-chair of Brooklyn’s Enhanced Collaborative Model Human Trafficking Task Force, David has extensive experience collaborating on human trafficking responses, including working with law enforcement early in investigations and supervising complex prosecutions. Jane and David discussed how broadening human trafficking investigations can enhance prosecutions, decrease reliance on victim participation, and ensure support to victims is trauma-informed.

This presentation will enhance your ability to:
-Identify criminal activity and co-occurring charges common in human trafficking cases;
-Collaborate with law enforcement to enhance victim-centered investigations; and
-Litigate the admission of “other bad acts” in sex and labor trafficking cases

This webinar is part of IACP/OVC’s Enhanced Collaborative Model anti-human trafficking task force training catalog. The materials presented aim to help Enhanced Collaborative Model anti-human trafficking task forces seek justice on the behalf of human trafficking victims and survivors.

This webinar was produced by the International Association of Chiefs of Police under Cooperative Agreement #2020-VT-BX-K002, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this webinar are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

Posted on

Understanding the Supreme Court’s Decision in United States v. Rahimi

United States v. Rahimi became a widely followed case in the 2024 Supreme Court docket after the United States Court of Appeals for the Fifth Circuit (covering Texas, Louisiana, and Mississippi) issued its decision in United States v. Rahimi, 59 F.4th 163 (5th Cir. 2023). The Court ruled that 18 U.S.C. § 922(g)(8), which prohibits gun possession by people who are subject to domestic violence restraining orders, is unconstitutional under the Second Amendment. 

This decision reverberated across the country, and in the wake of the Fifth Circuit decision, the Supreme Court took a writ of Certiorari to resolve the conflict. Ultimately, on June 21, 2024, the Supreme Court overturned the Fifth Circuit and upheld the constitutionality of 18 U.S.C. § 922(g)(8). This Strategies in Brief newsletter unpacks the holding of the Supreme Court, and provides guidance to prosecutors moving forward on applying this ruling to their work. 

This project was supported by Grant No. 15JOVW-22-GK-03987-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.RahimiDecision_FINAL

Posted on

Special Conditions of Bail: Rule 1275.1 Motions in California

Human Trafficking cases, much like organized crime and drug trafficking cases, often have financial motivations and can involve defendants who have obtained a great deal of money as a result of their criminal activity. This one page resource exists to provide an overview of a special condition of bail in California known as a 1275.1 order; Cal. Pen. Code 1275.1 creates a special condition of bail in which a defendant is ordered to show that the source of the funds with which they are posting bail is not proceeds gained from illegal activity.

This resource was developed under a grant awarded by the Howard G. Buffett Foundation. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Howard G. Buffett Foundation.Nebbia one-pager FINAL

Posted on

Early Action, Lasting Impact: The Role of Early Intercept Diversion in Preventing Community Violence

Meaningful violence prevention requires communities to intervene directly with youth at high risk for future violence. Family Group Decision Making (FGDM) and Family Team Meetings (FTMs) are promising practices for early intervention but may not be commonly leveraged as criminal justice innovations across the nation. As jurisdictions seek to prevent and intervene in violence, they should consider engaging family members of at-risk youth to ensure they receive proper psychological, social, and educational support. This presentation is led by criminal justice practitioners at the York County District Attorney’s Office in Pennsylvania. Presenters discuss how criminal justice professionals can collaborate with community and government professionals, as well as the families of at-risk adolescents, to support the community’s youth and mitigate the risk of future violent behavior. They also explore strategies to leverage grant funding, research partnerships, and technical assistance to move violence prevention and intervention efforts forward.

As a result of this presentation, participants will be better able to:

      • Incorporate Family Group Decision Making and Family Team Meetings as part of a broader violence prevention strategy.
      • Identify risk factors for violent behavior and leverage protective factors to mitigate the risk of future violence.
      • Evaluate and close gaps in the community’s response to violence prevention.

This project was supported by Grant No. 2020-YX-BX-K001 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

Posted on

Using Data and Analytics to Identify Prolific Violent Offenders: Lessons Learned from the Cuyahoga County (OH) Prosecutor’s Office’s Crime Strategies Unit

Cuyahoga County is home to Cleveland, Ohio and experiences a violent crime rate that is almost four times the national average. The County includes over 50 law enforcement agencies, and given that violent crime in the county is not confined to a single municipality, it’s essential for law enforcement agencies and prosecutors to share data about violent offenders. This webinar highlights how the Cuyahoga County Prosecutor’s Office (CCPO) identified and prioritized investigation and prosecution of the county’s most prolific offenders—especially those connected to firearm-related crimes. Rachel Lovell and Ryan Bokoch discuss the creation and validation of the CCPO’s Crime Strategy Unit’s priority criteria, the characteristics of the county’s most violent offenders, and the social network and spatial analyses used to identify links between people, places, and violent gun crimes. Specifically, they explain how to use incident-based criteria, as opposed to criteria based on individual characteristics, to identify violent crime drivers, and they discuss how investigators and prosecutors can use such information to triage cases more effectively and efficiently.

This project was supported by Grant No. 2020-YX-BX-K001 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

Posted on

Threat Assessments

This session, recorded as part of a two-day virtual Witness Intimidation Convening, focuses on methods for assessing threats against victims and witnesses of crime. Rick Harris, Senior Criminal Investigator of the Denver District Attorney’s Office (Denver DA), and Steve Siegel, independent consultant and former director of Denver DA’s Special Programs Unit, discuss how to assess the credibility of threats, resources and tools that facilitate threat assessments, working with candidates for witness protection, and strategies for maximizing the success of witness protection programs.

This event is supported by Grant No. 2020-YX-BX-K001 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions discussed during this event are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

Posted on

Expunging and Sealing Criminal History Records: An Overview for Prosecutors

This article is based on a review of expungement and sealing statutes in the 50 states and the District of Columbia, as well as interviews with prosecutors in California, Massachusetts, Nevada, New York, Pennsylvania, and West Virginia. It seeks to assist prosecutors with evaluating current and proposed legislation. It also highlights examples of how prosecutors have taken the lead in assisting with expungement or sealing, either through collaborative events or developing automatic sealing. Expungement and Sealing- An Overview for Prosecutors

Posted on

Commonwealth v. Rogers, 8 EAP 2020, Pennsylvania Supreme Court, Brief of Amici Curiae in Support of the Commonwealth

In this amicus brief, AEquitas, the Women’s Law Project, and 26 additional amici share their expertise in support of a determination that Pennsylvania’s Rape Shield Law does not permit the introduction of evidence of a complainant’s criminal record for prostitution-related offenses. Introducing this evidence would reinforce prejudicial gender and racial biases that would inhibit justice from prevailing and increase the burden of a criminal record on victims of sexual violence and exploitation.Amicus-Curiae-Brief-with-Time-Stamp

Posted on

United States v. Rahimi, No 22-915, United States Supreme Court, Brief of AEquitas as Amicus Curiae in Support of Petitioner

On February 2, 2023, the United States Court of Appeals for the Fifth Circuit (covering Texas, Louisiana, and Mississippi) issued its decision in United States v. Rahimi, 59 F.4th 163 (5th Cir. 2023). The Court ruled that 18 U.S.C. § 922(g)(8), which prohibits gun possession by people who are subject to domestic violence restraining orders, is unconstitutional under the Second Amendment. On June 30, 2023, the U.S. Supreme Court granted the government’s petition for a writ of certiorari in the case. If upheld, Rahimi will have a significant impact on the assignment and enforcement of domestic violence protection orders across the country.

On August 21, 2023, AEquitas submitted an amicus brief in support of the U.S. government’s appeal of the Fifth Circuit’s decision. The brief underscores the dangers posed by domestic violence offenders, particularly those who have access to firearms; discusses the importance of civil protection order processes to keep victims safe and reduce opportunities for witness intimidation while a criminal prosecution is pending; supports the government’s arguments regarding the ample historical precedent for laws like §922(g)(8); and highlights other constitutional rights that are forfeited in the context of an individual’s wrongdoing.Agriculture’s Growing Problem