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.
Field Guide to Witness Intimidation
Witness intimidation affecting the criminal justice system can take many forms and arise in many contexts. Its presence and effects are not always self-evident, either to professionals working in the system or to the witnesses themselves. While overt threats may be easily recognized and categorized, other forms of intimidation may be subtle or disguised, or too easily overlooked in the course of responding to what has been identified as the primary criminal offense. This Field Guide to Witness Intimidation is intended to be a convenient reference to assist professionals in identifying acts of witness intimidation that may affect their work with victims and witnesses vulnerable to such pressures.
The ABCs of BAC: Toxicology for Prosecutors and Investigators
Alcohol’s unique toxicological effects, widespread use, and ease of access render it the ideal substance to facilitate sexual assault. The same factors that make alcohol such a perfect weapon also present unique challenges for investigators, prosecutors, and other allied professionals in alcohol-facilitated sexual assault (AFSA) cases. An understanding of basic toxicology principles is critical for investigators and prosecutors handling these challenging cases from investigation through sentencing to be able to hold offenders accountable for their criminal behavior. This webinar explains the toxicology of alcohol, as well as drugs, in lay terms that will help you understand how alcohol affects the body. Topics include alcohol metabolism, the disproportionate effect of alcohol on women and men, the mechanism of intoxication, an explanation of blackouts vs. pass outs, and other common toxicological issues. It also explores common issues and challenges related to the investigation and prosecution of sexual assault cases where alcohol is present.
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.
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.
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.
Prosecuting Cases of Sexual Abuse in Confinement: A Case Study
Sexual abuse in confinement is a significant issue that extends beyond our nation’s detention facilities and jails. Misconceptions about and biases toward inmates who are crime victims can make cases of sexual abuse in confinement challenging to prosecute. To effectively investigate and prosecute these cases, it’s necessary for criminal justice professionals to understand the realities of a confinement setting as well as how to combat biases against inmates that will lead to credibility challenges that cast doubt on their testimony. This webinar highlights investigative and prosecutorial strategies through an actual case prosecuted at the local level. Examine details of the case from the initial report through the investigation and prosecution. Learn the benefits of the collaborative response as well as the prosecutor’s trial strategies and how these coordinated efforts resulted in a conviction.
Prosecuting Cases Involving Victims with Developmental Disabilities: A Focus on Sexual Assault
The traumatic impact of sexual assault may further exacerbate already-existing issues for victims with developmental disabilities. Their condition may affect their participation in a criminal investigation and testimony at trial. Prosecutors must be prepared to address the impact of the disability on the victim and on the dynamics of the crime, particularly when assessing the offender’s behaviors, victim selection, and steps taken to perpetrate the crime. This webinar helps prepare prosecutors to anticipate issues and evidence prior to trial, file and argue pretrial motions, develop trial strategies that take into account the victim’s intellectual/developmental disabilities and mental health issues, introduce relevant evidence at trial while excluding the irrelevant, and consider appropriate sentencing options.
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.
Pretrial Motions: Admitting and Excluding Evidence in the Prosecution of Sexual Abuse in Confinement
For cases involving sexual abuse in confinement, many of the same pretrial motions apply that are relevant to any sexual abuse case. Also applicable are motions directly related to confinement, including, for example, motions involving the criminal records of the defendant or victim, prison files, and other behavior or character evidence. Particularly in sexual abuse cases, prosecutors need to be proactive in filing motions to exclude irrelevant and misleading information and to admit crucial evidence in their case-in-chief. This webinar enables prosecutors and allied criminal justice professionals to better anticipate issues and evidence that need to be addressed prior to trial; file and argue pretrial motions; and respond to defense motions.
Making it Stick: Protecting the Record for Appeal
Obtaining a conviction in a sexual assault, domestic violence, or human trafficking case is usually a hard-won victory, whether by guilty plea or by trial. Having a case reversed on appeal can result in a re-trial with stale evidence, reluctant witnesses, and a victim who is forced to relive the case when she is finally beginning to heal. Though the appellate process is unavoidable, a prosecutor can bring a measure of finality to the criminal justice process by carefully building a strong trial court record that supports the conviction and the sentence imposed and withstands appeal challenges. This webinar discusses the proper creation and protection of the record during all phases of a criminal case, focusing on investigation, charging, plea agreements, trial preparation and strategy, summation, and sentencing. It addresses pretrial motions, and trial briefs on anticipated trial problems, and demonstrates how strategic charging decisions can result in admission of evidence that might otherwise be excluded.
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.
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.
