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
The Problem-Solving Prosecutor: Modern Variations on the Crime Strategies Unit
This comprehensive document provides guidance on developing or enhancing intelligence-driven prosecution through a Crime Strategies Unit (CSU), or through processes that accomplish goals similar to those of a CSU. Based in part on interviews with prosecutors, crime analysts, and other specialists in the field, the guide discusses building foundational partnerships, methods for gathering data and intelligence, and ways in which data can inform and support investigations and prosecutions.
The Problem-Solving Prosecutor- Modern Variations on the Crime Strategies Unit
Crime Strategies Units: Quick Guide
This brief overview of The Problem-Solving Prosecutor: Modern Variations on the Crime Strategies Unit summarizes the core elements of intelligence-driven prosecution models.
Just Exits: Achieving Justice: The Prosecutor’s Role
The criminal justice system can serve as both an on-ramp to and an off-ramp from sex trafficking and exploitation. As gatekeepers within the criminal justice system, prosecutors are uniquely positioned to identify sexually exploited women and girls, make fair charging decisions, facilitate criminal record relief, and link survivors with services and support. In these ways, prosecutors can clear the way to a different life path and achieve justice for survivors.
The presenters bring their lived and professional experience to this presentation, which emphasizes prosecutors’ duties to achieve justice over convictions and to proactively remedy wrongful convictions. Presenters discuss strategies for engaging survivors, avoiding wrongful criminalization, and providing access to just criminal record relief.
Just Exits: Assessing Culpability: Context Before Conviction
Human traffickers assert force, fraud, and coercion against victims in order to profit from commercial sex or forced labor or services. Offenders use a variety of tactics designed to ensure that victims will do what they are told without resistance, questioning, or disclosure to law enforcement. This physical, psychological, emotional, and spiritual control too often allows traffickers to escape accountability. This presentation is designed to improve responses to trafficking and exploitation while ensuring that victims are not inappropriately charged with crimes they are forced to commit.
Collaboration is key to any response to trafficking and exploitation, but imperative where the complexity of victim-offender dynamics is not easily understood or revealed. This presentation provides law enforcement and prosecutors with strategies to uncover the reality of the victim’s involvement in the trafficking organization or within the exploitation dynamic. Presenters provide a framework for assessing the culpability of individuals who may initially be identified as both victims and defendants. They also provide suggestions to assist prosecutors in making ethical and appropriate immunity and charging decisions as well as designing appropriate dispositions.
Just Exits: Being Trafficked: What You Need to Know About “the Life”
The criminal justice system can serve as both an on ramp to and an off ramp from sexual exploitation. To minimize on ramps and maximize off ramps, we must first understand the complex nature of sex trafficking and exploitation. Traffickers prey upon vulnerabilities that are often historic and systemic in nature. They use a variety of tactics designed to ensure that victims will do what they are told without resistance, questioning, or disclosure to law enforcement. This physical, psychological, emotional, and spiritual control over victims too often allows traffickers to escape accountability. This presentation is designed to improve our understanding of what it is like to be sexually exploited and to illustrate how we can improve our response to victims, who often do not see the criminal justice system as a viable off ramp from “the Life”.
The presenters bring their lived and professional experience to this presentation, which will focus on factors that impact entry into “the Life”, the realities of sexual exploitation and trafficking, and the factors that impede or delay exits. The presentation will provide criminal justice professionals with tools for identifying individuals vulnerable to exploitation, limiting on-ramps, and providing viable off-ramps to achieve justice for survivors.
Confronting Racial Bias & Implementing Strategies to Ensure Justice in the Prosecution of Sexual Violence, Domestic Violence, Stalking, and Human Trafficking
This web-based panel is hosted by AEquitas and the National Black Prosecutors Association and explores the ways in which bias against Black women affects the investigation and prosecution of sexual assault, domestic violence, stalking, and human trafficking. Panelists address the following topics:
-Effects of inequalities and challenges that Black women uniquely face as victims of sexual assault, domestic violence, stalking, and human trafficking;
-Barriers to reporting crimes—such as bias and stereotypes held by law enforcement prosecutors, judges, and jurors— which can translate into disparate outcomes for victims through unfair credibility determinations;
-The impact of bias on the accuracy of assessments of the probability of conviction in cases, and the collateral consequences on a victim’s ability to seek restoration;
-The necessary commitment offices must make to eradicate implicit bias among its staff and enhance recruitment, mentorship, and support for individuals who are Black and/or African American and people of color; and
-Strategies for prosecutors’ offices to enhance justice for victims by engaging in cultural humility, promoting criminal record relief, improving training, and ensuring accountability reinforced by data.
Gang-Related Violence Against Women
Gangs are notorious for perpetrating firearm- and drug-related offenses, but many gangs and their members also regularly engage in violence against women, including rape, physical violence, and human trafficking. Gang members use physical and sexual violence to control their victims and the communities within which they operate. Additionally, some gangs engage in trafficking to exploit gang members and non-members to increase gang profits. The pervasive nature of gang-related violence, combined with gang members’ habitual intimidation of victims and witnesses, present unique challenges to the effective investigation and prosecution of these cases.
This presentation discusses tangible strategies for improving the identification, investigation, and prosecution of gang-related violence against women. The presenter explores collaborative methods for supporting victims, enhancing community safety, holding gang offenders accountable, and preventing and effectively responding to witness intimidation.
Witness Intimidation Part I: Enhancing Witness Safety: Preventing and Responding to Intimidation
Part I of the series will discuss a coordinated system response to the challenges presented by witness intimidation. The presenter will explore methods for enhancing victim and witness safety, improving witnesses’ ability to participate in the justice system, and holding offenders accountable at all stages of the criminal justice process.
Witness Intimidation Part II: Effective Use of Intimidation Evidence
Part II of the series discusses the identification, documentation, and effective use of evidence of intimidation at trial to hold offenders accountable. The presenter explores how to admit and present evidence to demonstrate the offender’s consciousness of guilt, to explain the absence of a witness, and to introduce an unavailable witness’s statements via the doctrine of forfeiture by wrongdoing.
