Posted on

From Jail, to Bail, to Sale: Trafficking and the Criminal Justice System

Traffickers target individuals whom they believe they can exploit with impunity – individuals who are accessible, vulnerable, and less likely to report their exploitation to law enforcement. As a result, individuals who have a criminal record, are under court supervision, or are otherwise subject to the authority of the criminal justice system are at higher risk for exploitation. Individuals who also struggle with addiction and substance use disorders are especially vulnerable to coercion. The Department of State’s Trafficking in Persons (TIP) Report has identified “participants in court-ordered substance use diversion programs” as individuals especially vulnerable to sex and labor trafficking, and recent news reports have validated this assertion. Likewise, the U.S. Department of Justice’s 2022 National Strategy to Combat Human Trafficking includes action items aimed at countering common trafficker tactics of manipulating and exploiting individuals with substance use disorders.

This presentation identifies trafficking schemes that involve recruitment from local jails and prisons, as well as from court-sanctioned treatment programs as an alternative to incarceration. The presenters focus on strategies to address victim safety concerns and investigate and prosecute trafficking that intersects with the criminal justice system. Throughout the discussion, the presenters underscore the importance of trauma-informed practices and a multidisciplinary response that includes meaningful access to survivor-led programing and low-barrier services, including appropriate healthcare.

Learning Objectives:
-Identify how traffickers identify, recruit, and coerce victims from jails, prisons, and court-ordered programs.
-Investigate and prosecute human trafficking cases in which victims have intersected with the criminal justice system.
-Collaborate with allied professionals to overcome barriers and provide meaningful access to justice for systems-involved victims.

This presentation was produced by AEquitas under 15POVC-21-GK-03263-HT, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this presentation are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

Posted on

Foundations of Sexual Violence Prosecutions: Alcohol-Facilitated Sexual Assault

This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting sexual violence cases. In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting sexual violence. 

In this episode, Jane and Attorney Advisor Jonathan Kurland explore how to analyze and prosecute cases of alcohol-facilitated sexual assault. They discuss how toxicology experts can provide invaluable insight into the nature of the assault, corroborate and explain other evidence, and help prosecutors combat common defenses at trial.

At the conclusion of this episode, viewers will be better able to:
– Work with experts to explain the measurement and analysis of intoxicating substances and prescription medications present in a person’s body or to explain their absence
– Recognize offender premeditation and predatory conduct regarding alcohol
– Collaborate with allied professionals to build a victim-centered response that incorporates offender-focused strategies

Additional resources related to this episode:
– Alcohol-Facilitated Sexual Assault: Who Needs Force When You Have Alcohol? Parts 1 and 2 (webinars)
– Alcohol-Facilitated Sexual Assault: A Survey of the Law (article)
– Prosecuting Alcohol Facilitated Sexual Assault (publication)
– Alcohol Toxicology for Prosecutors (publication)

 

This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU awarded by the U.S. Department of Justice, Office on Violence Against Women (OVW). The opinions, findings, conclusions, or recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice.

Posted on

Not Just a Credibility Contest: Sexual Violence Prosecutions That Go Beyond “Offender Said, Victim Said”

Sexual violence cases are often mistakenly reduced to a contest of credibility between the victim’s disclosure and the offender’s denial. Even though jurisdictions do not require corroboration of the victim’s testimony at trial, jurors may find it difficult to convict a defendant absent additional evidence. While crimes of sexual violence typically do not occur in front of other individuals, there are always witnesses and evidence to corroborate what happened before, during, and after the assault. By presenting the full scope of admissible evidence, prosecutors will increase the likelihood of success at trial while reducing the burden on victims.

This presentation addresses strategies and tactics to understand and explain victim disclosures through a trauma-informed lens; utilize victim behavior experts to educate fact-finders about the range of victim responses to sexual violence; and examine offender characteristics, motivations, and behaviors, as well as the impact of the offender’s actions on the victim. The presenter suggests strategies for overcoming common misconceptions at trial, including establishing a compelling trial theme, introducing evidence of the defendant’s predatory behavior, presenting corroborating evidence to support witness credibility, and recreating the reality of the crime for the jury.

At the conclusion of this presentation, participants will be better able to:
-Maintain focus on the offender.
-Support victim and witness credibility with corroborating evidence.
-Develop and present expert testimony to explain victim behavior. -Recreate the reality of the crime at trial.

Posted on

The Prosecutors’ Guide for Reducing Violence and Building Safer Communities

This Guide discusses the essential capabilities necessary for a prosecutor’s office to effectively prevent and respond to crimes of violence. It suggests practices that are customizable and scalable, from foundational to enhanced, depending on an office’s available resources and experiences, as well as jurisdiction-specific needs and challenges . This Guide is intended to enable the executives responsible for operating a prosecutor’s office to identify policies and practices that can be readily implemented, as well as those that represent actionable goals to work toward. Every prosecutor’s office — whether a small tribal or rural office, a mid-sized suburban office, or a large office serving a major metropolitan area — can build the capacity to improve its response to violent crime by systematically incorporating promising practices that will harness all available resources to achieve the goal of a safer community.Prosecutors Guide for Reducing Violence and Building Safer Communities

Posted on

A Prosecutor’s Quick Guide to Opioid Overdose Investigations

This is a summary of a comprehensive resource entitled Seeking Justice and Solutions: A Prosecutor’s Guide to Opioid Overdose Investigations. This Quick Guide provides an overview of areas for consideration, including investigative steps and prosecutorial decision-making. The full Guide provides further discussion of these topics, various examples of how prosecutors’ offices of all sizes have addressed these complex issues, and a self-survey to evaluate an office’s capacity to respond to overdoses.

 

A Prosecutor’s Quick Guide to Opioid Overdose Investigations

 

 

Posted on

Seeking Justice and Solutions: A Prosecutor’s Guide to Opioid Overdose Investigations

The opioid epidemic has presented prosecutors with new challenges and questions.  “We can’t arrest our way out of this problem” is the new tagline of the epidemic. Through the opioid crisis may be the result of criminal actions by pharmaceutical companies, profit-driven drug sellers, and corrupt physicians, modern prosecutors acknowledge that addiction itself is a medical condition, not a crime. The prosecutor is faced with decisions on two fronts, how to address the criminal activity of drug sellers and how to treat the medical issues of drug users. There is no simple answer. The goal of this guide is to provide options and to highlight innovative, effective strategies for improving prosecutors’ responses to overdose deaths. These responses range from providing access to treatment to prosecuting overdose deaths as homicides.Seeking Justice and Solutions- A Prosecutor’s Guide to Opioid Overdose Investigations

Posted on

Opioids and Drug Delivery Resulting in Death

The opioid epidemic has devastated communities across the United States, resulting in hundreds of thousands of lives lost in the past two decades. In response, state and local prosecutors have taken a multifaceted approach to the crisis: diverting defendants with substance abuse issues from traditional prosecution, educating  communities about the dangers of opioid addiction; and increasingly, seeking to hold drug traffickers and dealers accountable for the deaths they cause. This webinar will spotlight one office’s efforts to tackle the opioid crisis. Tonya Lupinacci of the Montgomery County District Attorney’s Office in Norristown, PA will discuss strategies that are broadly applicable to jurisdictions across the country, with a special emphasis on prosecuting Drug Delivery Resulting in Death and similar crimes. The session will focus on the evidence necessary for building these cases, theories of offender liability, and effective presentation of evidence at trial.

Posted on

Alcohol-Facilitated Sexual Assault: Who Needs Force When You Have Alcohol? Part 2 of 2

Alcohol is the most common weapon used to facilitate sexual assault. Offenders use alcohol because it renders victims vulnerable, affects memory, and impairs judgment and physical ability. Its unique toxicological effects, widespread use, and ease of consumption make it ideal for offenders who commit sexual assaults. This two-part presentation will explore common issues and challenges related to the investigation and prosecution of sexual assault cases where alcohol is present. More specifically, it will focus on identifying corroborating evidence, interviewing victims, basic toxicology, the effect of societal attitudes about alcohol on determinations of victim credibility, and trial strategies. In addition, this presentation will promote a victim-centered response that incorporates offender-focused strategies for an effective trauma-informed investigation and prosecution. Throughout the discussion, the presenters will discuss how strategies may be implicated and altered by social distancing measures currently in place in response to COVID-19.

Posted on

Alcohol-Facilitated Sexual Assault: Who Needs Force When You Have Alcohol? Part 1 of 2

Alcohol is the most common weapon used to facilitate sexual assault. Offenders use alcohol because it renders victims vulnerable, affects memory, and impairs judgment and physical ability. Its unique toxicological effects, widespread use, and ease of consumption make it ideal for offenders who commit sexual assaults. This two-part presentation will explore common issues and challenges related to the investigation and prosecution of sexual assault cases where alcohol is present. More specifically, it will focus on identifying corroborating evidence, interviewing victims, basic toxicology, the effect of societal attitudes about alcohol on determinations of victim credibility, and trial strategies. In addition, this presentation will promote a victim-centered response that incorporates offender-focused strategies for an effective trauma-informed investigation and prosecution. Throughout the discussion, the presenters will discuss how strategies may be implicated and altered by social distancing measures currently in place in response to COVID-19.