In 2015, the Pennsylvania Supreme Court decided Commonwealth v. Olivo, upholding, against state constitutional attack, the new Pennsylvania evidentiary statute permitting expert testimony to explain victim behavior in the prosecution of crimes of sexual violence. Previously, the courts of Pennsylvania had steadfastly resisted admission of such testimony, despite the widespread acceptance of such evidence by other courts across the country. The Pennsylvania Coalition Against Rape submitted this amicus curiae brief, with contributions by AEquitas Attorney Advisor Teresa M. Garvey, in support of the statute’s constitutionality. The brief highlights the value of expert testimony to explain victim behavior so that jurors do not base their credibility assessments on myths and misconceptions.
Responding to Stalking: A Guide for Prosecutors
Stalking affects 7.5 million people in the United States a year, with 15 percent of women and 6 percent of men being stalked in their lifetime. Stalking entails repeat victimization because it constitutes a series of acts rather than a single incident and it can cause sustained and repeated emotional distress. This guide is a resource for prosecutors in stalking cases. It provides an overview of stalking and suggests best practices for prosecuting offenders. It should be used as a guide for attorneys to support their own research and for problem-solving in prosecuting these types of cases.
To Record or Not To Record: Use of Body-Worn Cameras During Police Response to Crimes of Violence Against Women
For a variety of reasons—officer safety, public accountability, evidence collection, and departmental transparency—an increasing number of police departments have adopted, or are considering adopting, the use of body-worn cameras (BWCs). While BWCs can provide helpful evidence in cases involving gender-based violence (GBV), their use may also adversely impact victim safety and privacy. This article discusses many of the issues law enforcement, prosecutors, and allied professionals must consider when BWCs are used in GBV investigations. The article 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 article also addresses issues such as deactivation of a BWC at appropriate points during the investigation; privacy and safety considerations; discovery, redaction, protective orders limiting dissemination; and requests under freedom of information or open records statutes.
And Then There Was One: A Recent Minnesota Supreme Court Decision Has Left Pennsylvania as the Only State That Disallows Expert Testimony to Explain Victim Behavior
On March 24, 2011 the Minnesota Supreme Court decided to permit expert testimony to explain common victim behavior in adult sexual assault cases. This article outlines the facts and the impact of the case. The author concludes that the prosecutors in the case executed a successful strategy that can serve as a template for how to introduce expert testimony in trials before courts that are hesitant or even hostile to the idea of admitting it.
Understanding the U.S. Supreme Court’s Decision on Post-Trial DNA Testing in Osborne
On June 19, 2009, In District Attorney v. Osborne, the U.S. Supreme Court held that criminal defendants do not have a federal due process right to post–trial DNA testing. This article gives an overview of the facts and impacts of the case. Osborne’s supporters argued that if evidence existed that could conclusively show whether or not a defendant committed the crime then it should be tested. But these arguments ignore the fact that Osborne’s trial counsel’s decision to not request more specific pre-trial DNA testing was to avoid further incrimination of Osborne. This case is a reminder that prosecutors should strive to have policies that are fair and open-minded and place the interests of justice ahead of a desire to simply fight to preserve all convictions.
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Understanding Anogenital Injury in Adult Sexual Assault Cases
Anogenital injury is often seen as the ultimate evidence in sexual assault cases. However, the reality is that anogenital injury evidence has significant limitations. Specifically, in the vast majority of cases we are limited in our ability to distinguish between injuries resulting from a sexual assault and those sustained during consensual sexual activity. This article discusses how these points may not be well understood by legal practitioners and clinicians alike, resulting in a portrayal of anogenital injury as having clear and unambiguous significance. Understanding the emerging research on consensual sexual activity injury can therefore help us provide more accurate information to attorneys, judges, and juries in adult sexual assault cases.
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Supreme Court Continues to Expand the Sixth Amendment Confrontation Clause: Bullcoming v. New Mexico
This article provides an overview of Bullcoming v. New Mexico, a case holding that the Confrontation Clause prohibits the prosecution from introducing a forensic laboratory report through the testimony of an analyst who did not personally perform or observe the testing. The authors discuss the impact of the case on domestic violence prosecutions to the extent that it expands defendants’ rights under the Confrontation Clause in the area of required live testimony and appears to limit the prosecution’s ability to present physical evidence when laboratory analysis is involved.
Benefits of a Coordinated Community Response to Sexual Violence
When medical, legal, and victim advocacy systems work together, they provide better, more effective services to victims. This article outlines the importance of multidisciplinary responses as a way to help survivors understand the breadth of available community resources and services. The authors also demonstrate how coordinated responses to sexual violence result in holding offenders accountable while protecting victims and communities.
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The Benefits of Specialized Prosecution Units in Domestic and Sexual Violence Cases
Domestic violence victims not participating in the prosecution of their abusers can be misunderstood as a lack of interest or a of credibility. In adult sexual assault cases, offenders often attempt to manipulate the system into sympathizing with them and blaming the victim. In the light of these challenges and In an effort to improve the response to domestic and sexual violence, many prosecutors’ offices around the country have created specialized units dedicated to prosecuting these crimes. These units provide prosecutors with concentrated trial experience, focused training, and the opportunity to work closely with law enforcement and community partners. This approach can lead to an improved experience for the victim as well as for police, prosecutors, and community partners. This article explains how prosecutors with strong experience working on sexual and domestic violence cases are skilled at focusing on the offender and exposing his attempts to manipulate the system.
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Making It Stick: Protecting the Record for Appeal
Having a sexual assault, domestic violence, or human trafficking 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 appellate challenges. This article 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, recommends the use of trial briefs on anticipated trial problems, and explains how strategic charging decisions can result in admission of evidence that might otherwise be excluded.
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