For a variety of reasons—officer safety, public accountability, evidence collection, and departmental transparency—an increasing number of police departments have adopted, or are considering adopting, the use of body-worn cameras (BWCs). While BWCs can provide helpful evidence in cases involving gender-based violence (GBV), their use may also adversely impact victim safety and privacy. This article discusses many of the issues law enforcement, prosecutors, and allied professionals must consider when BWCs are used in GBV investigations. The article describes the importance of multidisciplinary collaboration – at the local, state, and federal levels – in order to develop effective BWC policies that address victim safety, privacy, and autonomy. The article also addresses issues such as deactivation of a BWC at appropriate points during the investigation; privacy and safety considerations; discovery, redaction, protective orders limiting dissemination; and requests under freedom of information or open records statutes.
The Internet & Intimate Partner Violence: Technology Changes, Abuse Doesn’t
Although intimate partner abuse and harassment perpetrated through technology can look different than in-person abuse or harassment, the goals and motives are still the same: power and control. Technology allows an abuser to assert that power and control by keeping tabs on their partner – by knowing who the survivor talks to, what they do, and where they go. This is a key aspect of control. Because so many people live their lives on the Internet, it is a treasure trove of information, allowing abusers to stay informed and in control of their victims. This Strategies Newsletter provides an overview of online abuse and offers solutions for documenting the abuse, supporting survivors, and holding offenders accountable.
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SAJI Annotated Bibliography (June 2017)
This bibliography provides an extensive list of studies, best practices, strategies and other resources to support the prosecution of sexual assault, from the victim’s initial report through trial. The annotations offer overviews for every source on topics such as: performance measures, conviction rates, standards of practice, criminal justice reform, promising practices, investigation, responding to witnesses, pretrial, and trial strategies.
Walking A Tightrope: Balancing Victim Privacy and Offender Accountability in Domestic Violence and Sexual Assault Prosecutions Part I
Domestic violence and sexual assault crimes are among the most sensitive and challenging cases to investigate and prosecute. They involve extremely personal information, which the prosecution needs and the defense may demand, and which victims are understandably reluctant to share. The purpose of this article is to help criminal justice professionals understand what kinds of information victims generally consider to be private and to facilitate their ability to explain—to victims and other professionals—what information is legally protected as private. This Strategies article is Part I of a two-part series addressing two types of legally protected information: confidentiality and privilege. Part I provides an overview of confidentiality to assist prosecutors in balancing offender accountability with the safety needs and expectations of victims during criminal investigations and prosecutions.
Walking A Tightrope: Balancing Victim Privacy and Offender Accountability in Domestic Violence and Sexual Assault Prosecutions Part II
Part II of this series on protecting victim privacy in domestic abuse and sexual assault cases discusses common statutory or evidentiary privileges and the scenarios in which conflicts with these privileges may arise. The article also provides prosecutors with strategies to protect privileges when the privacy interests of victims may outweigh the obligation to disclose.
Prosecuting Image Exploitation
Image exploitation involves the non-consensual creation, possession, or distribution of an image or images depicting victims engaged in consensual sexual activity or being sexually assaulted. As technology continues to evolve more quickly than the law, image exploitation crimes are being addressed by a patchwork of criminal laws. This Strategies Newsletter gives prosecutors insight on how to respond to this complex crime and to hold offenders accountable under imperfect or untested laws. The article explores the various forms of image exploitation and the types of statutes under which this abuse can be prosecuted.
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.
Safeguarding Victim Privacy in a Digital World: Ethical Considerations 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? In the digital age, these cases present unique ethical challenges related to privacy and confidentiality, prosecutorial discretion, recantation, and disclosure of evidence. This presentation uses hypothetical case scenarios to: address ethical considerations in the context of the investigative function of prosecutors, digital evidence, discovery obligations, and immunity; identify confidential, privileged, non-material, and/or irrelevant victim information and records; discuss threshold requirements for defense attempts to obtain information or for in camera review; introduce pretrial and trial strategies that support the protection of victim privacy, including collaboration with allied professionals.
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.
Body-Worn Cameras and Gender-Based Violence: Practical Considerations from the Prosecution Perspective
Over the past decade, law enforcement’s use of body-worn cameras (BWCs) has significantly increased. While BWCs can provide helpful evidence in cases involving gender-based violence (GBV), their use may also adversely impact victim safety and privacy. This webinar discusses many of the issues law enforcement, prosecutors, forensic examiners, and other allied professionals must consider when BWCs are used in GBV investigations. The presenter describes the importance of multidisciplinary collaboration – at the local, state, and federal levels – in order to develop effective BWC policies that address victim safety, privacy, and autonomy. The presenter also addresses issues such as deactivation of a BWC at appropriate points during the investigation; privacy and safety considerations; discovery, redaction, and protective orders limiting dissemination; and requests under freedom of information or open records statutes.
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.
Please note: The audio recording had a few technical glitches. There are a few brief gaps where the training paused in order to reconnect. Please excuse these disruptions.
