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.
Federal Firearms Prohibition Extends to Persons Convicted of Reckless Misdemeanor Crimes of Domestic Violence: Voisine v. United States
The United States Supreme Court has held that the federal firearms prohibition for individuals convicted of misdemeanor crimes of domestic violence applies even to convictions having recklessness as an element of the offense. In Voisine v. United States, the Court rejected the petitioners’ argument that the prohibition was inapplicable where the predicate offense could have been based upon a finding of reckless conduct, as opposed to purposeful/intentional or knowing conduct. This article outlines how the Voisine decision has definitively settled the question of whether convictions under statutes that include the reckless infliction of injury qualify as misdemeanor crimes of domestic violence for purposes of the federal firearms prohibition. It also provides suggestions for prosecutors about how to best leverage this decision in domestic violence cases in ways that keep victims—and communities—safe.
Evidence of Other “Bad Acts” in Intimate Partner Violence, Sexual Violence, Stalking, and Human Trafficking Prosecutions
In proving a case of intimate partner violence, sexual violence, stalking, or human trafficking, it is often crucial to introduce evidence that the defendant has committed some other crime or bad act—usually before or after the charged crime. Such evidence is often viewed with caution by trial and appellate courts, because of the perceived risk that juries will convict the defendant based upon evidence that they committed some crime other than the one charged or that the defendant is a bad person and therefore probably guilty of the charged crime. Prosecutors should file pretrial motions in limine any time they anticipate introducing evidence of a defendant’s crimes or other bad acts, regardless of whether such a motion is required by law. It is important to identify, and to argue, any potentially applicable grounds for admission. This article describes the theories under which evidence of other bad acts might be admissible, depending on the law of the jurisdiction, gives examples, and offers further resources to help prosecutors overcome specific objections.
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 webinar 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’s impact on cold cases, in which original experts who performed autopsies and other forensic examinations and testing are no longer available for trial. The presenter provides practical suggestions to trial prosecutors who must balance limited resources against the need to secure convictions that will withstand confrontation challenges on appeal.
This webinar recording should qualify prosecutors for 1.5 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.
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.
Trial Strategies for the Prosecution of Sexual Abuse in Confinement
Trial strategies for sexual abuse in confinement cases require consistent and comprehensive approaches designed to keep the focus on offenders’ criminal behavior. Prosecutors need to work to overcome jury bias, contextualizing and explaining victim behavior, and developing a trial theme that recreates the reality of the crime and the unique venue in which it occurred. To achieve these goals, prosecutors must employ a victim-centered response, particularly when considering common victim behaviors encountered in sexual abuse cases, including delayed disclosure, minimization, recantation, and a hesitance or failure to participate in the investigation or prosecution of the offender. This webinar provides prosecutors with the tools they need to prosecute a case of sexual abuse in confinement by challenging participants to consider innovative strategies to overcome the barriers identified in various case-related scenarios. Participants should be better able to develop case-in-chief tactics, work with victims who recant or do not want to participate in the investigation or prosecution of their case, and combat common defenses.
This webinar recording should qualify prosecutors for 1.5 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.
Technical Evidence in Stalking Prosecutions: Where to Get It and How to Get It In
The use of personal computers, mobile devices, and other technology in stalking activity presents challenges for the prosecutor who must connect the activity to the defendant. Prosecutors must be familiar with the sources of available evidence, how to obtain it from technology providers, and how to present it effectively to a jury. This webinar covers the applicable rules of evidence and relevant case law associated with proving a technology-facilitated stalking case. The presentation provides strategies for introducing technical evidence and for responding to common objections at trial.
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.
Stop Calling It ‘Revenge Porn’: Prosecuting Image Exploitation
Image exploitation involves the nonconsensual 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. We as prosecutors must continue to respond to this complex crime and to hold offenders accountable under imperfect or untested laws. This webinar explores the various forms of image exploitation and the types of statutes under which this abuse can be prosecuted, enabling prosecutors to choose the most advantageous charging strategies within their own jurisdictions. In addition, the presenter offers offender-trial strategies are offered to assist in overcoming common victim-blaming defenses.
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.
Sexual Abuse in Confinement – An Introduction for Prosecutors
Sexual abuse in confinement has persistently presented tremendous challenges to investigators and prosecutors because of internal and external barriers to reporting, including the behaviors, actions, and decision-making power of first responders that may result in the failure to make an official report to law enforcement. Additional challenges include issues related to evidence collection and retention, identification of witnesses, and multi-level biases against inmates. This webinar provides an overview of the Prison Rape Elimination Act and national standards related to a victim-centered, offender-focused investigation and prosecution of a sexual abuse in confinement. The presenter discusses victim behaviors and the dynamics inherent to a correctional setting. It also focuses on offender tactics, including grooming, isolation, threats, concealment or destruction of evidence, intimidation, the use of allies, and other coercive tactics.
This webinar recording should qualify prosecutors for 1.5 hours 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: 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.
