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Advancing Justice with Forensic Genetic Genealogy

Forensic Genetic Genealogy (FGG) is an innovative method of DNA analysis that combines forensic analysis with traditional genealogy research.  Investigative leads developed from this work assist law enforcement in identifying an unknown perpetrator or victim. This technique is exceptionally beneficial to resolving cold case violent crimes, in which other traditional leads have been exhausted.

Recognizing the value of this powerful investigative tool, the National Sexual Assault Kit Initiative (SAKI) became the first federal program to allow FGG to be applied to criminal investigations using federal funding. Since 2019, SAKI grantees have leveraged FGG testing to support hundreds of investigations resulting in the identification of previously unknown perpetrators, including serial offenders. As many of these SAKI cases are now proceeding to trial, prosecutors are having to navigate the nuances of FGG in a legal setting.

In this presentation, the presenters provide an overview of FGG, evidentiary challenges for prosecutors and investigators, including surreptitious collection of DNA from suspects, affidavits for search warrants and discovery requests implicating FGG, managing developing issues at pre-trial hearings, and trial testimony associated with FGG investigative leads.

At the completion of this presentation, attendees will:
– Develop a basic understanding of forensic genetic genealogy (FGG) and its application to violent crime cold case investigations.
– Recognize the value of FGG as an investigative tool.
– Develop strategies to investigate and prosecute cold case violent crimes associated with FGG leads.
– Create approaches for resolving cold case violent crimes including   victim and/or family notification and engagement, and cold case litigation strategies.
– Provide an interactive conversation for identifying and discussing developing issues and practitioner responses in investigations and prosecution involving advanced DNA technology.

This project was supported by Grant No. 15PBJA-23-GK-00708-JAGP and Grant No. 2019-MU-BX-K011 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.

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Working with and Supporting Families of Homicide Victims

Being assigned a homicide case is one of the greatest responsibilities given to an individual prosecutor. While these cases invite tremendous scrutiny and demand intense preparation, one aspect that prosecutors rarely receive any formal training in is how to work with the family and friends of the deceased victim. Even though prosecutors are in the business of helping, this gap can sometimes lead to misunderstandings and unnecessary frustrations in an often opaque and stressful process.

This presentation will focus on strategies a prosecutor can use to work with the family and friends of homicide victims by looking for ways to increase education about the system generally as well as explain in a trauma-informed way the strengths and challenges of an individual case. Focus will also be given to exploring the legal obligations and limitations that may arise in working with a homicide victim’s family.

At the conclusion of this presentation, participants will be better able to:
– Understand obligations and the benefits of consistently notifying a homicide victim’s family of case updates.
– Develop strategies to navigate situations when a homicide victim’s family may be adversarial and how to mitigate such circumstances from arising.
– Educate homicide victims’ families about unique circumstances such as those involving juvenile defendants, death penalty cases, and cold cases.

This project was supported by 15JOVW-24-GK-03009-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.

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From Stats to Solutions: Data-Driven Responses to Baton Rouge’s Opioid Crisis

East Baton Rouge has been ravaged by the opioid crisis that has affected much of America. With hundreds of overdose deaths within the parish each year, the majority of which involved opioids in some capacity, the East Baton Rouge District Attorney’s Office (EBRDA) sought to combat this epidemic. The office applied for and was awarded a Smart Prosecution – Innovative Prosecution Solutions (IPS) grant with the goals of reducing the number of overdose deaths and enhancing prosecutions of individuals who contribute to those deaths. EBRDA has used its grant to produce data which in turn is used to develop innovative, economical, and effective strategies and programs.

Presenters will examine the EBRDA’s IPS project and describe its success and challenges. They will focus on how other jurisdictions can use their information and data to create similar programs that will provide lasting impacts in the community. This presentation will provide insight into different strategies that offices can pursue as they work to combat the opioid overdose epidemic.

At the end of this presentation, participants will be better able to:

– Use data to assess and respond to the opioid abuse and overdose crisis in their community
– Identify traditional and non-traditional criminal justice partners to assist in responding to the opioid crisis
– Evaluate their response to the opioid crisis

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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

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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.

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Prosecution Foundations: Educating the Judge and Jury About the Realities of Human Trafficking

Jane Anderson, Senior Attorney Advisor with AEquitas, facilitates a conversation with Miiko Anderson, AEquitas’ newest Attorney Advisor and a former Fresno County (CA) prosecutor with extensive experience prosecuting human trafficking cases. Jane and Miiko discuss various strategies that can enhance prosecutions where judges may not have experience with cases involving sex or labor trafficking and where jurors may have misconceptions or misunderstandings about the reality of what human trafficking looks like in their community.

This webinar is the first of a podcast-style webinar series, hosted by the IACP and AEquitas, that feature conversations with various prosecutors discussing foundational elements of trauma-informed human trafficking prosecutions.  This webinar is a part of IACP/OVC’s anti-human trafficking task force training catalog.

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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

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Shielding the Victim: Litigating Rape Shield Motions

Rape shield laws provide prosecutors with a powerful tool to counter defense attempts to introduce irrelevant and highly prejudicial evidence of a victim’s sexual history at trial. First codified into law in 1974 in the state of Michigan, rape shield provisions now exist in every jurisdiction in the United States. They seek to eliminate the influence of an archaic and dangerous body of law that protected only the chaste, perpetuated overly broad notions of consent, and left victims without justice. All rape shield laws require exclusion of the victim’s prior sexual conduct unless the evidence falls within a specified exception. However, these laws have not stopped defense attempts to stretch the limits of codified exceptions in order to admit evidence of the victim’s sexual behavior. Marginalized communities, in particular, have been negatively affected by rulings under these laws. Prosecutors must be vigilant in their efforts to safeguard victims’ privacy to ensure they are not humiliated, silenced, and blamed for their own assaults.

This presentation discusses the history and foundation of rape shield laws, identifies and discusses the most frequent areas of appellate litigation, and provides prosecutors with the tools to effectively litigate rape shield motions. Presenters also discuss trial strategies to employ if efforts to preclude information about a victim’s prior sexual conduct are unsuccessful.

As a result of this presentation, participants will be able to:
-Litigate rape shield motions to protect victim privacy
-Prosecute cases using an offender-focused approach
-Employ strategies to mitigate harm to the victim and the case when evidence of victim’s prior sexual conduct is admitted

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.

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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

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Keep Calm and Understand United States v. Rahimi

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.

This Strategies Newsletter unpacks the Fifth Circuit’s decision in Rahimi, as well as the Second Amendment jurisprudence that preceded it. It provides strategies for Texas, Louisiana, and Mississippi prosecutors currently facing the fallout of the Rahimi decision in the courtroom. It also provides prosecutors from other jurisdictions with ways to rebut defense attorneys’ Rahimi-based arguments. While this decision may seem to be a catastrophic development for victims of domestic violence, a careful review of the Supreme Court precedent on which the Rahimi decision was based will allow prosecutors to better anticipate defense arguments and implement strategies to ensure the continued protection of victims.United States v. Rahimi, No 22-915, United States Supreme Court, Brief of AEquitas as Amicus Curiae in Support of Petitioner