AEquitas - Champions for Justice

September 30, 2018June 1, 2021

Keep Calm and Understand Elonis v. U.S.

The decision of Elonis v. United States, 135 S.Ct. 2001 (2015), in which the United States Supreme Court reversed the defendant’s conviction for posting on Facebook threats to harm his wife and others, has caused a good deal of concern among prosecutors, civil attorneys representing victims in protective order proceedings, law enforcement, and advocates. The webinar analyzes the Court’s opinion, breaks down its meaning for the investigation and prosecution of cases involving online threats and stalking, and explains why the Elonis decision is not cause for alarm. The presenters, one of whom authored an amicus brief in the Elonis case, suggest strategies for charging and presenting evidence in cases involving threats or stalking on public forums, such as Facebook, to maximize the likelihood of a conviction that will stand up on appeal.

This webinar recording should qualify prosecutors for 1.25 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

September 30, 2018April 29, 2021

It’s About Context, Not Character: Admitting Evidence Under R. 404(b)

Proving a crime of intimate partner violence challenges prosecutors to place the criminal act in the context of the relationship’s dynamic of ongoing power and control, with various forms of abuse that may span years or decades. The fullest possible picture of the relationship better enables the jury to understand the defendant’s motive and intent to inflict harm upon the victim. This can be done through admission of other crimes, wrongs, or acts under Federal Rule of Evidence 404(b) and equivalent state or tribal evidence rules or statutes. This webinar identifies types of evidence that may be admissible for purposes permitted under the Rule, suggests ways in which admissibility under the Rule can be argued, and discusses important considerations to avoid reversible error on appeal.

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.

September 30, 2018June 4, 2021

Investigating and Prosecuting the Intimidation of Victims of Sexual Abuse in Confinement

Victims who are sexually abused while incarcerated literally cannot escape their attackers. The confinement setting compounds the harm to the victims and makes them uniquely vulnerable to intimidation on the part of assailants or their allies. Intimidation hinders the investigation and prosecution of these cases, allows perpetrators to evade accountability, and turns confinement facilities into bastions for sexual abusers. This webinar identifies strategies for investigations and prosecutions that build trust in the criminal justice system and provide multiple safe and confidential means to report these crimes. It also discusses victim and witness safety, retaliatory violence, verbal and physical intimidation, and financial and emotional manipulation. The presenter explains the potential for intimidation and violence over the course of multiple cases or over time in a single case. The presenter also discusses the importance of policies and protocols to promote effective prosecution of these cases

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.

September 30, 2018May 19, 2021

Investigating and Prosecuting Labor Trafficking: Exploitation for the Sake of the Bottom Line

Trafficking manifests in many areas of the labor market – including but not limited to – manufacturing, agriculture, construction, entertainment, service industries and domestic labor, often overlapping with sexual violence. It is critical to connect victims of labor trafficking, involuntary servitude, and debt bondage with critical and comprehensive services while also focusing on holding offenders and business entities accountable. This webinar highlights the importance of collaboration with allied professionals to support a victim-centered response and an offender-focused approach. It also explores a variety of best practices and provides law enforcement and prosecutors with the tools to refine their own strategies

September 30, 2018May 14, 2021

Introducing Expert Testimony in Sexual Violence Cases

Experienced professionals familiar with the dynamics of sexual violence understand that victims have individual responses to trauma that are often counterintuitive to public expectations. Without the benefit of a proper explanation, however, jurors may wrongly interpret a victim’s actions during and after an assault as reasons not to believe the victim’s testimony. Expert testimony to explain victim behavior is often the best way to dispel myths and educate the jury to make an informed decision based on a view of the evidence within an accurate context. This webinar describes the impact of trauma on victims, including cognitive and behavioral reactions, and discusses the effect of common victim behaviors on factfinders’ assessments of victim credibility. It discusses the law related to the prosecution’s introduction of expert testimony on victim behavior, how to identify experts qualified to testify on this subject, and what the parameters of such testimony should be.

September 29, 2018May 14, 2021

Introducing Expert Testimony in Domestic Violence Cases

Popular perceptions of how victims should respond to physical and emotional trauma often conflict with the way victims actually behave; these misconceptions can severely affect the fact finders’ assessment of victim credibility and, ultimately, the case outcome. Introducing expert testimony to explain victim behavior is a way to dispel myths and assist the jury in making an informed decision based on the evidence. This webinar describes common victim behaviors and dynamics in intimate partner violence cases, as well as their impact on fact finders’ assessments of victim credibility. The presenter discusses the law related to the admission of expert testimony to explain victim behavior and suggests ways to identify qualified experts. The presentation highlights the importance of deciding whether to introduce expert testimony in a case and explains the value of consulting with experts during trial preparation regardless of whether such testimony will be introduced.

September 29, 2018May 24, 2021

Interviewing Victims of Human Trafficking and Sexual Exploitation: Techniques and Tactics

Trafficking victims are difficult to interview for the same reasons they are difficult to identify. Traffickers manipulate, coerce, threaten, and commit acts of violence against victims, which may result in their inability or unwillingness to self-identify, report to law enforcement, or participate in the criminal justice process. Therefore, the ability to expediently and appropriately identify a victim of trafficking or exploitation is crucial, and often can be accomplished only through effective interviewing. This webinar highlights the importance of preparing for an interview by collaborating with community-based service providers and also explores a variety of interview techniques. The presenters discuss tools for law enforcement officers and prosecutors to use when developing their own questions and protocols for interviewing trafficking victims.

September 29, 2018June 3, 2021

Integrating a Trauma-Informed Response

Short- and long-term reactions to trauma manifest in a variety of behaviors that may have an impact on a victim’s ability to participate in the criminal justice process. In order to keep victims safe and engaged throughout the process, allied professionals must ensure that their interaction with victims and their decision-making take into account the wide-ranging effects of trauma. This webinar addresses how to recognize the signs and symptoms of trauma following a crime of violence. The presenters discuss strategies for conducting thoughtful and effective victim interviews, collaborating with allied professionals to achieve a fully integrated trauma-informed approach, and explaining victim behavior at trial.

September 29, 2018May 17, 2021

Higher Education: Dispelling Myths to More Effectively Prosecute Campus Rape

Research shows the vast majority of sex offenders are non-stranger rapists and serial offenders. These offenders are often overlooked because they benefit from the common misconceptions and false expectations about a rapist’s relationship to their victim and the frequency of their offending. To more effectively identify, investigate, and prosecute non-stranger rapists on campus, prosecutors must overcome common myths and misconceptions about sexual violence, especially if judges and juries believe them. This webinar provides a comprehensive overview of sex offenders with an emphasis on non-stranger rapists and focuses on strategies for overcoming the unique challenges these offenders present on campus.

September 29, 2018December 29, 2020

From Barriers to Solutions: Investigating and Prosecuting Human Trafficking

Human trafficking thrives in rural, suburban, and urban jurisdictions across the country because it is routinely undetected, overlooked, or misidentified. Further, a lack of coordination between the criminal justice system and community-based programs results in a lack of victim identification and offender accountability. This webinar recording highlights key findings from an Urban Institute/Northeastern University report: “Identifying Challenges to Improve the Investigation and Prosecution of State and Local Human Trafficking Cases.” The presenter offers solutions for enhancing victim identification and safety and increasing offender accountability through the effective investigation and prosecution of human trafficking cases.