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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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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.

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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.